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Monthly Archives

March 2017

Creditors to be vigilant when using the statutory demand procedure to enforce an Adjudication Certificate Insolvency
13 March, 2017

Creditors to be vigilant when using the statutory demand procedure to enforce an Adjudication Certificate

IntroductionDuring the process of obtaining payment under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act), a Contractor (or Subcontractor) may, after obtaining an adjudication certificate and filing the certificate in the court of competent jurisdiction, serve a statutory demand on the Principal (or Contractor) demanding…
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Adjudication determinations are not reviewable for non-jurisdictional errors of law Law
6 March, 2017

Adjudication determinations are not reviewable for non-jurisdictional errors of law

In our June 2016 issue of Construction, Property & Projects Insights (Issue 4), we discussed the first instance decision of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd NSWSC 770, in which the Supreme Court of NSW held that adjudication determinations were subject to judicial review for non-jurisdictional…
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