A 'building contract' under s 67AAA(1) of the Queensland Building and Construction Commission Act 1991 includes any contract that requires the carrying out of any building work, even if the contract predominantly involves construction work that is not building work. The exclusion items in Schedule 1AA of the Regulation are to be given a broad and practical interpretation. Where a statute renders contractual security provisions unenforceable, the contractual risk allocation cannot be relied upon in assessing the balance of convenience for an interlocutory injunction. Reputational damage from calling bank guarantees may be insufficient to justify an injunction where the guarantees under another contract will be called in any event.
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