The family’s solicitor: response to the cease-and-desist letter

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7 October 2026

Dear Colleagues, RE: PORTABLE BUILDING GROUP PTY LTD’S ALLEGATIONS OF DEFAMATORY STATEMENTS OUR CLIENTS: KAY POWER AND ALEX We act for Kay Power and Alex and refer to your letter of 30 September 2026. We are instructed to request the following:

1. Your client’s QBCC building licence number. Our searches of the QBCC licensee register for “portable building group” and “affordable modular buildings” has not returned any results.

2. Confirmation of the number of staff your client has. Mr Austin has made Facebook posts stating that your client has over 75 full time employees.

3. Particulars as to the specific statements that allegedly convey the defamatory imputation that Mr Austin and/or Affordable Modular Buildings mishandled customers’ money, projects, approvals, installation arrangements or contractual dealings. As to your client’s allegations we are instructed that:

1. A letter from this firm was sent to Expandify on 30 June 2026 raising concerns with their conduct.

2. On 1 July 2026, our client received an email from Expandify advising they had formed a partnership with your client.

3. Our client received no direct response from Expandify to the matters raised in the letter of 30 June 2026 and lodged an Early Dispute Resolution application with the Queensland Building and Construction Commission (“QBCC”) regarding their contract with Expandify.

4. On 10 August 2026 the QBCC mediation and conciliation unit emailed the parties regarding EDR assistance.

5. On 10 August 2026, Mr Austin, emailed our client querying why the EDR application had been lodged. Our client responded advising him of Expandify’s failure to respond to matters raised in the 30 June 2026 letter and noting that your client had not been nominated as a respondent to the EDR application.

6. Also on 10 August 2026, Mr Austin sent a second email attaching an invoice for a progress claim by Expandify. In his email he states, inter alia: a. The long anticipated arrival of the building to port is approaching; b. The funds are still going to Expandify with our oversight and then getting redirected to AMB as your contractor and installation company.

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7. The attached invoice was for the progress claim arrival in port. It was dated 9 August 2026 with a due date of 14 August 2026 and expressly stated the expected arrival date as 21 August 2026.

8. Ms Power did not have a contract with your client.

9. Under the contract with Expandify any payments due are required to be paid within 7 days and the entitlement to the progress claim was “upon Arrival in Australia”.

10. We also note that the Queensland Building and Construction Commission Act 1991 (Qld) has provisions that prohibit the demand for payment for works prior to their completion on site (see section 34 of Schedule 1B thereof).

11. Ms raised these issues by a return email to Mr Austin on 10 August 2026 and advised that Mrs Power was undergoing cardiac investigation and that Mr Austin direct future correspondence to her and not copy in Ms Power as the correspondence may exacerbate her current health condition.

12. Despite Ms ’s request the day before Mr Austin contacted Ms Power by telephone on 11 August 2026.

13. On 12 August 2026, we were instructed to send a letter (which we attach) to your client regarding Mr Austin contacting our client and seeking information regarding your client’s licence position.

14. We have not received a response from your client to our letter of 12 August 2026.

15. Our client was advised that the pre-fabricated dwelling arrived in Port on 30 August 2026. We have been provided a screenshot of comments Mr Austin has made on Facebook (which we enclose). Mr Austin makes numerous statements that are either false or misleading or appear to support the facts that have been published on the website and Facebook. Accordignly, our clients say in response the imputations alleged in your email as follows: Imputation (a) – acted dishonestly, improperly or without integrity in dealing with customers We await your response to our query regarding your client’s building licence. We otherwise note that, amongst other things: a) your client did not have a contract with our client; b) Mr Austin client issued a premature invoice on behalf of Expandify to our client after being notified of our client’s request for EDR assistance from the QBCC; c) Mr Austin contacted our client when requested not to due to her poor health; d) Mr Austin said, words to the effect, to our client that if she did not pay the premature invoice that Expandify would enter insolvency and she would lose her life savings. Imputation (b) - Demanded payment that was not due, or sought to obtain money to which they were not properly entitled As addressed above our clients have emails sent by Mr Austin claiming and demanding payment before it was required to be paid under the contract with Expandify. Imputation (c) - Bullied, harassed or improperly pressured a vulnerable customer, including a person said to be undergoing health concerns Your client contacted Ms Power by telephone after being advised by email that she was of poor health and to contact Ms directly in relation to the matter. Further, it is our clients’ position that your client admits to pressuring our client in the statements made on Facebook, in particular the statement, “I was merely trying to explain the severity of us not being able to do the install now that solicitor where (sp) engaged”.

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Imputation (d) - threatened cancellation or termination improperly in order to force payment On the basis that the payment was not due, your client admits to pressuring our client in the statements made on Facebook, in particular the statement, “I gave you fair warning that this would happen in advance and on the day of cancellation”. Imputation (e) - mishandled customers’ money, projects, approvals, installation arrangements or contractual dealings We await particulars as to the statements that give rise to this alleged defamatory imputation.

Imputation (f) - engaged in poor, aggressive, combative or unprofessional conduct towards customers

Your client admits in the Facebook post that his approach resulted our client getting upset and started crying. It is our clients’ position that this was because of his poor and aggressive behaviour in respect to threatening the termination of the contract and our client losing her life savings. Given that your client was merely a subcontractor, was aware that Ms Power had engaged a solicitor and had been put on notice regarding Ms Power’s ill health, Mr Austin’s behaviour was inappropriate and unprofessional. Further, your client was directly involved in the issuing of an invoice for a progress claim before Expandify was entitled to issue it, but after a notice was received from the QBCC regarding EDR assistance. It is our clients’ position that the pre-emptive issuing of the invoice was an aggressive and combative approach. Imputation (g) - are untrustworthy, unsafe to deal with, and should not be engaged for residential building work If your client does not hold a QBCC licence that permits it to carry out building work in Queensland we do not see how you can succeed on this on this as a defamatory imputation. For the avoidance of doubt, our clients deny that the statements contained on the website or Facebook are defamatory and are otherwise a true accounting of the events that occurred and they will rigorously defend any proceedings commenced against them including the use the recordings Ms made of her telephone conversations with Mr Austin.