Non-compliance with s.13(4) or s.13(5) of the Building and Construction Industry Security of Payment Act 1999 (NSW) is a defence in bar that must be raised in a timely payment schedule; if not raised, it cannot be relied upon to invalidate an adjudication determination or resist enforcement. In an undefended adjudication, the adjudicator need only address issues manifestly apparent on the face of the materials and is not required to test the claim for all possible defects. Extra-curial writings of an adjudicator are inadmissible to prove the reasoning process by which a determination was reached.
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