Track record of insolvency – implications for licensing
A recent decision of the Tribunal, affirming a licensing decision under the Home Building Act 1989 (HB Act) of the regulator to refuse an application to renew a qualified supervisor certificate, reveals the keen focus of the regulator on using its licensing powers to clean up the industry.
The applicant before the Tribunal was the director, secretary and controlling mind of a company licensed under the HB Act and was its nominated supervisor.
The company was placed into voluntary administration in 2022. Its liquidator estimated that the company had been trading whilst insolvent since 2020 and had $2.3 million in debts.
In 2023, the applicant sought to renew his…
