An adjudicator's decision not to consider a contractual provision because of the operation of s 24(4) of the Building and Construction Industry Payments Act 2004 (Qld) is an error within jurisdiction, not jurisdictional error, even if the decision is wrong. The distinction is between a failure to consider a relevant provision and a conscious decision not to consider it based on a statutory provision. Respondents who fail to raise contractual time bar provisions in their payment schedule cannot later argue that the adjudicator committed jurisdictional error by not considering those provisions.
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