An adjudicator's determination under the Construction Contracts (Security of Payments) Act 2004 (NT) creates a statutory debt payable on account, but genuine disputes about the ultimate amount payable under the construction contract and offsetting claims (such as liquidated damages and security retention) may be raised on an application to set aside a statutory demand founded on that determination. However, claims by third parties (such as subcontractors' workmen's liens against the property owner) cannot constitute offsetting claims due to the mutuality requirement.
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