Evidence library · DOC-0107
Kay’s solicitor: warning before termination
Source date: 12 Oct 2026 · Sent legal correspondence
Website page updated . Termination update, reviewed publication copies and consistent evidence reading paths.
Kay’s solicitor warned on 12 October that Expandify still had no nominee, was seeking payment for work already paid for and/or site work not done, and had not remedied the breaches raised on 4 September. The letter said any purported termination would be treated as repudiation.
Readable source text
Exact readable text of the sent email. The PDF preserves the original email layout with identifying details redacted.
Kay’s solicitor: warning before termination
12 October 2026, 4:46pm | Sent by Kay's solicitor to Expandify's solicitors. Names, firm and contact details omitted. The PDF shows the original sent email. Identifying details are redacted; the quoted incoming chain is excluded.
Dear Colleagues,
We refer to the below email.
Our search of the QBCC licence register of even date indicates that your client still does not have a nominee. It has now been greater than 28 days from our initial search on 11 August 2026. Your client is not permitted to carry out building work pursuant to section 42B of the Queensland Building and Construction Commission Act 1991 (“QBCC Act”) without a nominee.
Accordingly, your client is not ready or able to render substantial performance of its obligations under the Contract to complete the installation of the dwelling.
We again reiterate our client’s position as communicated on 11 September 2026, that your client is seeking payment for works it has already been paid for and/or for works to be carried out on site that have yet to be completed. This is a breach of the section 34 of Schedule 1B Domestic Building Contracts – of the QBCC Act.
Our client has also previously raised issued with the Contract containing Unfair Contract Terms and your client engaging in misleading and deceptive conduct as defined by the Australian Consumer Law.
We also not that your client has yet to remedy the breaches identified in our client’s breach notice dated 4 September 2026 which we attach.
Accordingly, should your client purport to terminate the contract our client has instructed us that she will treat such an act as a repudiation.
Regards, [solicitor details redacted]
Source limitations
Original sent email, first page only. Solicitor names, firms, email addresses, contact details and private Gmail URL redacted. The quoted incoming email is excluded.
Discussed in Expandify: Termination. The open sent letter disputes performance and warns of repudiation.