Under the Building and Construction Industry (Security of Payment) Act 2009 (ACT), where there is no contractual regime governing the timing of progress claims, reference dates under s 10(3)(b) continue to arise on the last day of each subsequent named month and do not cease upon completion of work or termination of the contract. A contractor may submit a further payment claim for the same construction work relying on a new reference date, provided the claim is made within 12 months of the work being last carried out. The prohibition in s 15(5) applies only to multiple payment claims for the same reference date, not to successive claims for the same work with different reference dates. The authorities in Southern Han, Dualcorp, All Seasons, and Allway are confined to cases involving contractual regimes for progress claims or multiple claims on the same reference date.
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