In this Constructive we introduce to you, our new team member Emma Ward.

Emma has joined us as an Associate in our Building and Construction Law division. Emma’s knowledge and experience in building and construction law comes from her time as an ‘in-house’ lawyer at the Queensland Building and Construction Commission (‘QBCC’). Emma has in-depth knowledge of the QBCC’s processes for dealing with defective work complaints, the statutory insurance scheme, licence requirements, including applications and disciplinary procedures, and can assist in responding to disciplinary action and show cause notices.

As a former prosecutor for the QBCC, Emma also brings with her skills to assist her clients through the judicial process whether that be in QCAT, QCATA, the AAT or State and Federal Courts.

During her time with the regulator, Emma gained a wealth of knowledge and a unique insight into the State’s construction watchdog which has equipped her to provide the practical and efficient advice and assistance her clients need to guide them through the ever-changing maze of construction regulation.

Emma can assist with:

  • advice and advocacy on statutory rights and remedies;
  • advice and advocacy on contractual rights and remedies and other remedies available at common law or in equity whether arising before, during or after contract;
  • defective building work;
  • internal and external reviews of statutory decisions made by the QBCC including decisions about:
    • directions to rectify;
    • licences including new applications, renewals, conditions, suspensions, cancellations and financial requirements for a licence;
    • standard of rectification work carried out;
    • claims under the statutory insurance scheme;
    • the scope of works to be carried out under the statutory insurance scheme;
    • disciplinary action to be taken against a person;
    • whether a person is an excluded or banned individual or a director, secretary or influential person for a company;
    • whether a person is a convicted company officer or a company has a convicted company officer as a director, secretary or influential person for the company; and
    • non-conforming building products.
  • external reviews by the Queensland Civil and Administrative Tribunal (‘QCAT’);
  • Appeals from decisions of QCAT to the Queensland Civil and Administrative Tribunal Appeals (‘QCATA’);
  • Appeals from QCATA to the Court of Appeal;
  • QBCC licencing;
  • defence of prosecutions by the QBCC for offences under legislation including the QBCC Act, the Building Industry Fairness (Security of Payment) Act 2017 and the Plumbing and Drainage Act 2002;
  • review of administrative decisions in the Administrative Appeals Tribunal;
  • judicial review of administrative decisions;
  • building disputes in QCAT and the Magistrates, District and Supreme Courts; and
  • alternate dispute resolution including mediation, adjudication, expert determination and arbitration.

With a keen eye for detail, Emma brings a refreshingly pragmatic and objective focused approach, working closely with her clients to deliver timely and comprehensive advice and positive action to best achieve her client’s objective.

Please contact us to see how we can help.