Under s 16(4)(a)(ii) of the Building and Construction Industry Security of Payment Act 2002 (Vic), if a payment claim's 'claimed amount' includes any excluded amount, the court is precluded from giving judgment in favour of the claimant — even for a reduced amount after deducting the excluded amount. A claimant who includes excluded amounts in a payment claim and seeks court enforcement (rather than adjudication) risks having the entire claim dismissed. The court's inquiry into whether the claimed amount includes excluded amounts is confined to the face of the payment claim and supporting documents. The doctrine of severance does not apply to payment claims containing excluded amounts because the payment claim is not invalid.
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