Under the Building Industry Fairness (Security of Payment) Act 2017 (Qld), the adjudicator's determination that an application is not frivolous or vexatious under s 84(2)(a)(ii) is a subjective jurisdictional fact, reviewable only for whether the adjudicator performed the function demanded by the Act, not de novo. A contractor's statutory entitlement to a final payment claim under the Act following contract termination permits effective recovery of retention moneys withheld from work already done, even though no contractual right to the return of retentions had accrued prior to termination. An adjudicator's accidental failure to value certain discrete defect items under s 72(1)(b)(iv), where the adjudicator correctly identified the valuation task but failed to complete it for some items among many, is an error within jurisdiction and not jurisdictional error.
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