John Murphy and Geoff Murphy.
John Murphy and Geoff Murphy. Allan Reinikka ROK010916ajmkelly

JM Kelly boss fights for building licence

THE director of several Central Queensland construction companies is appealing a notice from a state building authority to list him as an "excluded individual".

John Murphy told The Morning Bulletin he was "surprised" to receive the notice after meetings with the Queensland Building and Construction Commission (QBCC).

He is appealing the notice through the Queensland Civil and Administrative Tribunal (QCAT), a process which is ongoing.

An "excluded individual" would have their building licence revoked.

Documents were published by QCAT on January 17, specifying some information which would be used in evidence in a five-day hearing scheduled for February 26.

According to those QCAT documents, the QBCC found Mr Murphy was "an influential person for a construction company that went into liquidation, either at that time or within one year immediately before it did so".

In this case, an influential person is defined as someone, other than a director or secretary, in a position to control or "substantially influence" a company's affairs.

Mr Murphy's father, Geoff Murphy, was the sole director of JM Kelly (Project Builders) Pty Ltd, Riverina Daily Printers Pty Ltd, Anjuin Pty Ltd and Collhart Investments Pty Ltd until they went into liquidation.

Of these, only Collhart Investments Pty Ltd held a QBCC licence.

The QCAT documents list companies Kawana Joinery Co Pty Ltd, Burns and Twigg Pty Ltd and BPM Cowlrick Pty Ltd as part of the appeal.

However, John Murphy said these were not affected by liquidation and only form part of the QCAT appeal by virtue of the fact that he was the QBCC nominee and director of those entities.

The documents state Geoff Murphy was a consultant for the companies.

However, he told The Morning Bulletin he had not acted in that role for some time.

Geoff Murphy did not challenge the QBCC ruling he was an "excluded individual" and yesterday told The Morning Bulletin he was the sole person of influence within the companies.

John Murphy and the applicant companies are seeking a review of the QBCC decision.

"Issues for determination include whether they are excluded companies by virtue of Mr Murphy, being a director, which involves a consideration of whether he is an excluded individual and whether Mr Murphy's father, an excluded individual, remains an influential person," the QCAT documents state.

JM Kelly Group continues to operate and is working on a number of high-profile projects in the region.

Mr Murphy told The Morning Bulletin that regardless of the outcome, the business will continue to operate.