Doolan & Anor v Rubikcon (Qld) Pty Ltd & Ors

[2007] QSC 168

Supreme Court of Queensland

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Interrogate

Catchwords

1. Building and Construction
2. › Security of payment legislation
3. › Payment claims
4. › Whether claimant may serve identical payment claim on successive reference dates
5. › Relationship between reference date and payment claim
6. › Building and Construction Industry Payments Act 2004 (Qld), ss 12, 17(5), 17(6)
1. Building and Construction
2. › Security of payment legislation
3. › Adjudication
4. › Jurisdiction of adjudicator
5. › Whether adjudicator had jurisdiction where payment claim was identical to previous claim
6. › Building and Construction Industry Payments Act 2004 (Qld), ss 17, 25
1. Administrative Law
2. › Judicial review
3. › Adjudicator's decision under security of payment legislation
4. › Error of law
5. › Jurisdictional error

Quick Take

Under the Building and Construction Industry Payments Act 2004 (Qld), a claimant cannot re-serve an identical payment claim on a new reference date after a previous adjudication of the same claim has failed. Section 17(6) permits the inclusion of previously claimed amounts in a new claim but does not authorise the service of a claim that is identical to a previous one. The question whether a contractual final claim clause terminates the running of reference dates under the Act was left open.