Under the Building Industry Fairness (Security of Payment) Act 2017 (Qld), an adjudicator's decision delivered beyond the time limit in ss 85 and 86 is void and of no effect; the adjudicator's jurisdiction ceases upon expiry of the time limit. Section 86(2)(a) and (b) are alternatives — where parties have agreed to additional time under s 86(1), the adjudicator cannot also rely on s 86(2)(b) for a further five business days. An adjudicator who fails to make a valid decision within time is not entitled to fees under s 95(6). The Victorian authority of Ian Street Developer is distinguishable due to material differences in the legislation.
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