Submissions accompanying an adjudication application under s 17 of the Building and Construction Industry Security of Payment Act 1999 (NSW) do not set the parameters of the application or its determination; the application is valid if it identifies the payment claim and payment schedule as required by s 17(3)(f), regardless of differences in the accompanying submissions. Determination of the parameters of the payment claim is a matter for the adjudicator, and a reasonable but erroneous decision on those parameters does not invalidate the determination. The Brodyn framework for validity of adjudication determinations is maintained pending High Court consideration.
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