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Supreme Court Puts Adjudicators On Notice.

Publication: Mondaq Business Briefing
Publication Date: 10-SEP-09 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Supreme Court Puts Adjudicators On Notice.(John Holland Group Proprietary Ltd.)(TAC Pacific Pty Ltd )

Article Excerpt
Rebecca Roylance Jon Erbacher

Where a decision of an adjudicator made under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) determines an issue in dispute on a ground for which neither party contended, and the adjudicator fails to notify of that intended determination or allow submissions, the decision may be declared void. The decision in John Holland Pty Ltd v TAC Pacific Pty Ltd & Ors, recently handed down by the Supreme Court, demonstrates this.

The parties John Holland Pty Ltd and TAC Pacific Pty Ltd were parties to a construction contract. A dispute over a payment claim that TAC submitted went to adjudication under BCIPA.

The adjudication A key issue, which the adjudicator needed...



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