adjudication

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Is Paying an Adjudicated Debt a Must Before Legal Action? A peek into McDonald v MAK Constructions

  Snapshot   Judgment debts and adjudication can be complex territory – especially when there’s a dispute over payment and defects. Consider this scenario: you withhold payment from a builder because you believe their work is defective. The builder takes the dispute to adjudication, and the adjudicator determines that you actually do owe the builder […]

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Construction progress payments – high court upholds adjudicator’s determination

Construction Progress Payments – High Court Upholds Adjudicator’s Determination

The High Court in Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 has finally laid to rest a longstanding dispute over the finality of an adjudicator’s determination under the Building and Construction Industry Security of Payment Act 1999 NSW (SOP Act). The SOP Act, which has parallel legislation in all

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Building and construction industry security of payment act 1999 (nsw)

Building and Construction Industry Security of Payment Act 1999 (NSW)

The Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’) was first introduced in New South Wales in March 1999 and similar legislation has since been adopted by the other states and territories of Australia, most recently South Australia in December 2011. The purpose of this legislation is to ensure that progress

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