A payment claim under s 13 of the Building and Construction Industry Security of Payment Act 1999 (NSW) does not require the claimant to hold a bona fide belief in its entitlement. A respondent to s 15 proceedings may raise by way of defence a contention that the claimant's misleading or deceptive conduct in breach of s 52 of the Trade Practices Act caused the respondent's failure to provide a payment schedule, as such a defence does not relate to a matter 'arising under the construction contract' within s 15(4)(b)(ii). If such a defence were precluded, s 15(4)(b)(i) would be invalid to the extent of inconsistency with the Trade Practices Act under s 109 of the Constitution.
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