An adjudication decision under the Building & Construction Industry Payments Act 2004 (Qld) procured by the fraud of the claimant (without the adjudicator's involvement) is voidable and may be set aside under the equitable jurisdiction to impeach judgments obtained by fraud. The policy of expedition and certainty in the Payments Act does not preclude this jurisdiction but is relevant to case management. The requirements for setting aside include that the evidence was discovered only after the adjudication, could not have been found by reasonable diligence, was so material it would probably have affected the outcome, and the successful party was responsible for the fraud. The impact of Kirk v Industrial Court of NSW on the availability of certiorari for jurisdictional error in adjudication decisions was left open.
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