Queensland Consolidated Acts Queensland Consolidated Acts(1) A person who alleges that the person is prejudicially affected by a claim of charge under this Act may at any time make application to the court for an order--
(a) that the claim be cancelled; or
(b) that the effect of the claim be modified.
(2) The court must hear and determine summarily an application made pursuant to this section and may make such order as it thinks fit.
(3) Without limiting the circumstances in which a person may be prejudicially affected for subsection (1), a person (the affected person) is taken to be prejudicially affected by the claim of charge of a subcontractor (the claiming subcontractor) if--
(a) because of the claim of charge--
(i) the payment of any amount to which the affected person is entitled is delayed or otherwise affected; or
(ii) the release of a security for a contract or subcontract given by or for the affected person is delayed or otherwise affected; and
(b) the affected person is a superior contractor in relation to the claiming subcontractor; and
(c) the affected person has already paid, to a person who is a contractor or superior contractor in relation to the claiming subcontractor, an amount for work the subject of the claim of charge.