TP Dynamics (ACT) Pty Ltd v G&H Plant Hire Pty Ltd

• 1. Building and Construction
  2. › Security of payment legislation
  3. › Payment schedules
  4. › Validity of purported payment schedule
  5. › Whether email constituted payment schedule
  6. › Requirement to 'state' amount of payment proposed
  7. › Whether intention to withhold payment must be expressly or impliedly disclosed
  8. › Building and Construction Industry (Security of Payment) Act 2009 (ACT), s 16
• 1. Building and Construction
  2. › Security of payment legislation
  3. › Adjudication of payment claims
  4. › Adjudication procedures
  5. › Premature determination
  6. › Whether adjudicator may decide application before expiry of response period
  7. › Whether natural justice obligation exists independent of statutory entitlement to respond
  8. › Building and Construction Industry (Security of Payment) Act 2009 (ACT), ss 22, 23
• 1. Administrative Law
  2. › Judicial review
  3. › Prerogative relief
  4. › Certiorari
  5. › Jurisdictional error
  6. › Failure to consider
  7. › Whether errors in adjudicator's reasons disclose failure to consider mandatory relevant considerations
  8. › Distinction between jurisdictional and non-jurisdictional error
  9. › Building and Construction Industry (Security of Payment) Act 2009 (ACT), s 24(2)
• 1. Administrative Law
  2. › Judicial review
  3. › Prerogative relief
  4. › Availability of certiorari where statutory appeal exists
  5. › Whether prerogative relief should be discouraged where legislature has provided specific statutory right of appeal
  6. › Building and Construction Industry (Security of Payment) Act 2009 (ACT), s 43

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