The former director of a Brigadoon business has been fined $20,000 after pleading guilty to building contract, registration and insurance offences, which included misuse of his father’s building credentials.
At Perth Magistrates Court on 7 March 2025, Timothy John Bushe-Jones of Bigwave Pty Ltd, trading as Bushewood Building Company, was also ordered to pay more than $600 in costs. As the sole director, Mr Bushe-Jones was held responsible for the actions of his company, which was deregistered by ASIC in 2023.
The court was told Bigwave entered into contracts in 2020 and 2021 for building work, valued at $231,000 and $48,000 respectively, at properties in Waikiki and Guilderton.
Neither Mr Bushe-Jones nor the company ever held registration as building contractors, which is a legal requirement to carry out building work valued at more than $20,000 that requires a building permit.
The court heard that building contracts and permit applications prepared by Mr Bushe-Jones named Bigwave as the builder but used his father’s building contractor registration number. His father held valid registration but was not involved in either project.
Bigwave carried out building work at both properties without its own building contractor registration. The company’s website also falsely advertised that it was entitled to carry out building services that required registration.
The court was told a home indemnity insurance (HII) certificate for the Waikiki project was found to be invalid because it named Mr Bushe-Jones’ father as the builder rather than Bigwave. Only a registered building contractor can obtain HII and the builder listed on the HII policy must also be the builder named on the building contract.
HII is required for home building work valued at more than $20,000 and protects owners against financial loss if the builder cannot complete or rectify the work in certain circumstances. Mr Bushe-Jones did not apply for this insurance for the Guilderton property.
Evidence in court also showed Mr Bushe-Jones sought progress payments totalling $28,000 from the Guilderton homeowners when the corresponding materials or services had not been provided.
Premature payment demands and invalid HII are offences under the Home Building Contracts Act 1991. Carrying out prescribed building work or advertising or contracting for this work without the required builder registration are breaches of the Building Services (Registration) Act 2011.
Magistrate Catherine Crawford noted that when the company was deregistered, clients were unable to make HII claims for the project where the insurance was linked to the father rather than Bigwave. Although the court accepted Mr Bushe-Jones mistakenly thought he was operating legitimately, Her Honour said it was reasonable to expect those in the building industry to check they operate within the laws.
Building Commissioner Saj Abdoolakhan said the conduct undermined the protections provided by WA’s builder registration scheme and home building contract laws.
“Gaining registration as a builder involves demonstrating you have the skills, experience and financial stability to provide safe and compliant buildings,” Mr Abdoolakhan said.
“Situations like this show the significance of registration compliance as homeowners can be stranded when a company ceases to exist and home indemnity insurance is not valid.
“Homeowners should only make progress payments when the goods or services have been provided.”
Consumers can check a builder’s registration online or via the ServiceWA app. HII details can be confirmed through QBE’s certificate register.
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Media contact: BEmedia@demirs.wa.gov.au
