Queensland Consolidated Acts Queensland Consolidated Acts(1) A proceeding in respect of a charge under this Act--
(a) in the case of a claim of charge in respect of retention money only--must be commenced within 4 months after such retention money or the balance thereof is payable and no later; and
(b) in all other cases--must be commenced within 1 month after notice of claim of charge has been given pursuant to section 10 and no later; and
(c) must be brought by way of action.
(2) For the purposes of a proceeding under this section, it is sufficient if the subcontractor proves that the charge in respect of which the proceeding is brought attached to money payable or a security in existence on any date prior to the date of hearing.
(3) Every charge is deemed to be extinguished unless the subcontractor duly commences a proceeding under this section to enforce it.