QBCC to commence industry ban action against John Murphy; suspends JM Kelly building licences, effective immediately 

17 October 2018

The Queensland Building and Construction Commission (QBCC) has today begun action to exclude company director John Murphy from the building industry, after related entities entered administration.

QBCC Commissioner, Brett Bassett, said the QBCC had started exclusion action against Mr Murphy in 2016, following the liquidation of another company. He said that given today’s statement that the company had appointed administrators, the QBCC would again take exclusion action, as required by law.

The QBCC has today also suspended the licences of JM Kelly Builders Pty Ltd and Kawana Joinery Co. Pty Ltd.

In June 2016, Collhart Investments Pty Ltd (formerly JM Kelly (Project Builders) Pty Ltd) entered into liquidation. On 28 July 2016, the QBCC cancelled the licence of Collhart Investments Pty Ltd, whose general manager was John Murphy.

Following the licence cancellation of Collhart Investments Pty Ltd, the QBCC started action to exclude John Murphy from the industry, on the grounds that he was an influential person in Collhart Investments Pty Ltd.

“At that time, Mr Murphy exercised his right to dispute the proposed exclusion action in QCAT, which effectively paused that action, meaning the company could trade as normal,” Mr Bassett said.

“In light of today’s developments, the QBCC will again take exclusion action against Mr Murphy, as it is required to do by our legislation.”

Mr Bassett said that since 2015, the QBCC had received monies-owed complaints totalling more than $2 million against the entities. To date, the QBCC has been able to recover more than $680,000 of those debts on behalf of subcontractors and suppliers. 

The QBCC advises anyone owed money by JM Kelly Builders Pty Ltd and Kawana Joinery Co. Pty Ltd to contact the QBCC as soon as possible.

Mr Bassett said he ordered the actions this morning after the companies indicated yesterday that they would refuse to respond to a number of show-cause notices issued by the QBCC on 2 October 2018.

The QBCC had issued notices to J M Kelly Builders Pty Ltd to show cause why the company licence should not be suspended due to multiple debt complaints.                                         

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