Niclin Constructions Pty Ltd v SHA Premier Constructions Pty Ltd & Anor

[2019] QSC 91

Supreme Court of Queensland

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For Australian Law.

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Interrogate

Catchwords

1. Contracts
2. › Building, engineering and related contracts
3. › Security of payment legislation
4. › Adjudication applications
5. › Service requirements
6. › Whether service of adjudication application on respondent is jurisdictional prerequisite
7. › Whether service 12 business days after lodgement satisfies 'as soon as possible' requirement
8. › Building and Construction Industry Payments Act 2004 (Qld), s 21(5)
9. › Acts Interpretation Act 1954 (Qld)
1. Statutory Interpretation
2. › Mandatory and directory provisions
3. › Whether non-compliance with statutory requirement renders act invalid
4. › Legislative purpose and consequences of invalidity
5. › Project Blue Sky approach
6. › Building and Construction Industry Payments Act 2004 (Qld), s 21(5)

Quick Take

Service of the adjudication application approved form on the respondent under s 21(5) of the Building and Construction Industry Payments Act 2004 (Qld) is a jurisdictional prerequisite to a valid adjudication. Where the Act prescribes no specific timeframe for service, the Acts Interpretation Act 1954 (Qld) requires service 'as soon as possible' after lodgement. Service 12 business days after lodgement is not 'as soon as possible' in the context of the Act's expeditious timeframes. Practitioners must ensure the approved form itself — not merely supporting submissions — is served on the respondent promptly after lodgement.