Under the Building and Construction Industry Payments Act 2004 (Qld), where a construction contract comprehensively provides for the dates on which payment claims may be made, no further reference date accrues after termination of the contract, and accordingly no valid payment claim can be made under the Act after termination. The reasoning in Brodyn Pty Ltd v Davenport regarding the continuation of reference dates post-termination does not apply to the Queensland Act due to material differences in statutory language, particularly the use of 'under a construction contract' rather than 'in relation to a construction contract'. An adjudicator who relies on a contractual provision and an onus of proof derived from it without giving the parties an opportunity to make submissions on those matters commits a substantial denial of natural justice rendering the decision void.
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