Section 269(1)(b) of the Bankruptcy Act 1966 (Cth) does not render void or unenforceable a contract entered into by an undischarged bankrupt who fails to disclose their bankruptcy. An adjudicator's erroneous characterisation of a retention sum provision as a 'pay when paid' provision under s 12 of the Building and Construction Industry Security of Payment Act 2009 (SA) does not constitute jurisdictional error (majority view; Hinton J dissenting). Certiorari for error of law on the face of the record of an adjudication determination is impliedly excluded by the Act, following Shade Systems v Probuild. Where a civil court is asked to find that a party committed a criminal offence (such as under s 269(1)(b)), the Briginshaw considerations require attention to the fault element of the offence, not merely the physical element.
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