Where a document purporting to be a payment schedule under s 14 of the Building and Construction Industry Security of Payment Act 1999 (NSW) is delivered within time and on its face complies with the statutory requirements, the onus lies on the claimant to prove it was not authorised by the respondent. A solicitor retained to deal with legal matters arising in relation to a construction project has implied authority to prepare and provide payment schedules, particularly where there is a prior course of dealing of doing so. The authority of agents to prepare payment schedules may be inferred from the commercial context, the chain of contractual relationships, and the prior conduct of the parties.
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