Service of an adjudication application under the Building and Construction Industry Security of Payment Act 1999 (NSW) must be effected on the respondent itself, not on the respondent's solicitors, unless the solicitors have actual authority to accept service. Delivery to solicitors who have been retained in relation to the matter but who lack specific instructions to accept service does not constitute valid service. An adjudicator who determines an application before the expiry of the respondent's time to lodge a response acts without jurisdiction and the determination is vitiated. The strict time requirements of the Act mean that proof of service must be rigorous.
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