Where a claimant's further submissions under s 21(2B) of the Building and Construction Industry Security of Payment Act 2002 (Vic) raise a new matter of fact or law not previously canvassed, and that matter is material to the adjudicator's determination, the common law rules of procedural fairness require the adjudicator to afford the respondent an opportunity to respond, notwithstanding that s 21(2B) does not expressly require this. Service of a payment claim on the superintendent under the contract constitutes valid service on the principal for the purposes of s 14(1) of the Act where the superintendent is the agent of the principal for receiving payment claims.
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