Irish Bentley Lawyers was recently involved in the decision of Iris Broadbeach Business Pty Ltd v Descon Group Australia & Anor [2023] QSC 290 in relation to, amongst other things, the confines of an “adjudication application” for the purposes of s. 79(3) of the Building Industry Fairness (Security of Payment) Act 2017 (Qld).
The main question before the Court was whether the form returned to the Contractor by the QBCC as “a copy of your Adjudication form” was an “approved form” for the purposes of the Act and, if so, whether service of that form on the Principal was sufficient for the purposes of s. 79(3).
Ultimately, her Honour Justice Williams found against the Contractor in that, for the purposes of the BIF Act, the form returned to the Contractor by the QBCC was not a “copy” of the adjudication application as lodged and therefore was not an “approved form” as the Contractor contended.
This decision reinforces the importance of understanding the mandatory requirements under the Securities of Payment legislation for those in the Construction Industry who are progressing payment disputes to adjudication and reinforces the strict compliance required under the statutory scheme, as well as the importance of obtaining timely advice to navigate the operation of the Act and ensure smooth payment.
For those in the construction industry from Principals, Contractors to Sub-Contractors, Irish Bentley Lawyers offers tailored solutions to your construction-based disputes and can provide advice in relation to the progression of payment claims through adjudication.
If you wish to make a booking to speak with one of our Construction Lawyers then please contact us at mail@irishbentley.com.au or via phone on +614 7 3229 4060.