Florence Chen appeared for the First Respondent, instructed by McInnes Wilson Lawyers. This case involved a challenge by an unincorporated joint venture (trading as CPB BAM Ghella UGL Joint Venture) to the decision of an adjudicator that a payment schedule failed to comply with the requirements set out in s…
An appeal from a decision of the Supreme Court of Queensland. At first instance, the Court held that an adjudication decision made under the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) was not valid. The Appellant (RHG Construction) was the builder and the Respondent (KP Developments) was…
13-12-19 / Florence Chen — Contract, Building & Construction
A review of an adjudication decision in relation to an adjudication application made by the first respondent under chapter 3 of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (the Act). The applicant had the contract for the design and construction of a bauxite processing facility. The applicant…
National Management Group Pty Ltd v Biriel Industries Pty Ltd trading as Master Steel & Ors (No 2) [2019] QSC 276
8-11-19 / Florence Chen — Building & Construction
This proceeding concerned a previous decision where the Applicant applied to set aside two adjudication decisions made under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) on the basis of jurisdictional error. The Judge determined that the Applicant was successful in respect of one of the adjudication decisions,…
National Management Group Pty Ltd v Biriel Industries Pty Ltd trading as Master Steel & Ors [2019] QSC 219
9-9-19 / Florence Chen — Contract, Building & Construction
The Applicant applied to set aside two decisions made by an adjudicator, under the Building Industry Fairness (Security of Payment) Act 2017 (Qld), for want of jurisdiction. The Applicant successfully set aside one adjudication decision on the basis that two payment claims had been made for the same reference date.…
