Kay’s solicitor to Tim Austin and Expandify

Kay’s solicitor’s 12 August letter addresses Tim directly, disputes the early payment demand and reserves Kay’s rights against him personally over the conduct alleged. It also requests authority, licensing, a work schedule and evidence of Expandify’s financial capacity.

Kay’s solicitor's 12 August letter disputing the arrival invoice and requesting evidence of authority, licensing, program and financial capacity.

Readable source text

The letter body from both pages is transcribed. Letterhead, addressee details, signature block and footers are omitted; source wording and errors are retained.

Letter body, page 1

12 August 2026

Dear Sir,

RE: KAY POWER -&- EXPANDER DWELLINGS PTY LTD T/AS EXPANDIFY DOMESTIC BUILDING CONTRACT

We refer to our correspondence of 30 June 2026 and 14 July 2026 sent to Expander Dwellings Pty Ltd (“Expandify”) regarding this matter that we are yet to receive a response. We also request that all future correspondence is to be directed to our office.

We are instructed that you contacted our client by telephone on 11 August 2026 and made the threat to the effect that if our client did not make the payment of the invoice number INV-0278 issued on 9 August 2026 for the sum of $67,200.91 (the “Invoice”) that our client would not receive her manufactured home and that Expandify would enter insolvency. We are also instructed that you made comments that the Invoice was issued because Expandify has insufficient funds to meet the port fees and that of the 21 contracts that you are assisting Expandify with it is the four customers that have engaged solicitors that are allegedly holding up process of the matters.

In circumstances where our client’s daughter has advised you that our client is currently unwell and you have received notice of our client’s QBCC Early Dispute Resolution application your behaviour on the telephone appears to be retaliatory and is inappropriate and unprofessional.

Further, we note that our client’s agreement is with Expandify. You have expressed that you are subcontracted by Expandify. Please provide us with a signed written authority that enables: a) you to act as agent for Expandify; b) you to make decisions on behalf of Expandify; and c) our client to correspond with you, regarding our client’s contract. Until such authority is provided you have no legal right to request information, approval, decisions or actions from our client.

Pursuant to the contract dated 11 July 2025 between our client and Expandify, the progress claim of :”30% Arrival in Port” is not due until the home arrives in port. The Invoice states the due date is 14 August 2026, but at the same time expressly states that the expected arrival date is 21 August 2026. Our client instructs us that the shipping company’s advice is that arrival is not expected until 26 August 2026. Accordingly, the issuing of the invoice is premature and our client is under no contractual obligation to pay it.

The Corporations Act 2001(Cth) provides that directors have a legal duty to prevent a company trading whilst insolvent. You have intimated that if our client does not pay her invoice the company will enter insolvency.

Letter body, page 2

Given that Expandify is not entitled under the contract to issue a progress claim until the home arrives in port, this indicates that Expandify may be currently insolvent. We are instructed to request evidence that Expandify is not currently insolvent and is in a position to pay its debts as and when they fall due.

Pursuant to section 20 of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), a person must not in trade or commerce in connection with the supply of goods or services to a person engage in conduct that is in all circumstances unconscionable. Your conduct in threatening our client that she will not receive her home and lose any money already paid to Expandify if she does not pay the Invoice, even though Expandify is not currently entitled to issue the same, amounts to unconscionable conduct. You are attempting to exert your bargaining position to exert pressure on our client to make payment of a sum before it is due. In the circumstances we demand that you immediately cease and desist such conduct and we reserve our client’s rights against you personally in this regard.

By email dated 6 August 2026 you advised our client that you had received a Decision Notice of Approval from the certifier for the project. Please provide us a copy of that decision notice. We also request that you provide an anticipated commencement date for the installation of the foundations. Our client was previously advised this would begin on 9 July 2026. To date works have not commenced and our client has not received any updated timeline for the works to commence and it is still unclear.

Our recent search of the QBCC licensee register indicated that Expander does not currently have a nominee. It is QBCC requirement that all licensed companies must have at least one nominee. Our searches for Portable Building Group Pty Ltd and Affordable Modular Buildings indicated that there were no QBCC licenses held by these businesses. If you are subcontracted to carry out building work on behalf of Expander please provide evidence that you hold an appropriate building license to carry out domestic building work in Queensland. Please also advise whether Expander has appointed a new nominee and the name of that nominee as even though Expander may have entered into a subcontract for the building work to be carried out by a licensed subcontractor, they as the principal contractor are still required to be licensed to carry out domestic building work in Queensland.

Our client is raising real concerns regarding Expandify’s ability to perform its obligations under the contract. We are accordingly instructed to request that Expandify and yourself provide the requested documents and evidence by 4:00pm Friday, 14 August 2026.