Contact: David Rodighiero and Kyle Trattler; Carter Newell (Queensland, Australia)
J & D Rigging Pty Ltd v Agripower Australia Ltd & Ors [2013] QCA 406
On 20 December 2013, the Queensland Court of Appeal (1) overturned a controversial decision in J & D Rigging Pty Ltd v Agripower Australia Ltd & Ors (Agripower decision).
That decision excluded work undertaken on a mining lease from the definition of 'Construction Work' under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) with the result that BCIPA did not apply if the work was undertaken on a mining lease.
Since being handed down on 25 June 2013, the original decision had caused great uncertainty for participants and adjudicators undertaking projects on mining leases as to whether BCIPA will apply in those circumstances.
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