An adjudicator's determination of a progress payment under the Building and Construction Industry Security of Payment Act 1999 (NSW) is a summary assessment on account and does not determine the parties' ultimate contractual liabilities. A party served with a statutory demand based on a judgment debt arising from an adjudication certificate may rely on a genuine offsetting claim under s 459H(1)(b) of the Corporations Act 2001 (Cth), and the purposes of the State Act do not limit the operation of the Commonwealth statutory demand provisions. Where the offsetting claim is straightforward and the defendant is in liquidation, no condition under s 459M is warranted.
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