A contractual deeming provision that treats an early progress claim as having been made on the reference date operates only for contractual purposes and does not engage the Building and Construction Industry Security of Payment Act 1999 (NSW). A payment claim served before the reference date is not a valid payment claim under s 13(1) of the Act, regardless of any contractual deeming clause. Section 31(1)(e) of the Act, which permits service in such manner as the contract provides, addresses manner of service only and cannot alter the time of service. White JA left open the question whether 'on and from each reference date' in s 8(1) means 'on and after' or 'on and with effect from' each reference date.
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