An adjudicator under the Building and Construction Industry Payments Act 2004 (Qld) who is minded to determine a significant legal issue on a basis not contended for by either party — particularly where the adjudicator considers that a crucial authority relied upon by a party has been overruled by an appellate decision not cited in the proceedings — must notify the parties and afford them an opportunity to make submissions, failing which the adjudication decision will be void for substantial denial of natural justice. However, errors in the construction of a contract do not vitiate an adjudication decision where the adjudicator made a genuine attempt to understand and apply the contract.
The full text is available to signed-in members, including the 50 later cases that cite this judgment.
15 of the 50 citing cases carry a classified treatment. How each court treated it is available to signed-in members.