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ARTICLE · 30 APRIL 2020

Galaxy Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd t/a CCA Winslow & Ors [2020] QSC 51 (Galaxy Developments Case)

On 29 October 2019, the second respondent (Adjudicator) purported to deliver an adjudication decision pursuant to the Act.

AustraliaLitigation, Mediation & Arbitration

The recent decision of the Queensland Supreme Court in Galaxy Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd t/a CCA Winslow & Ors [2020] QSC 51 (Galaxy Developments) examined whether an adjudication determination delivered outside the time period prescribed under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (Act) is void.

Facts

On 29 October 2019, the second respondent (Adjudicator) purported to deliver an adjudication decision pursuant to the Act. The decision was made on a disputed progress payment claim, and the Adjudicator determined that the applicant, Galaxy Developments Pty Ltd, was required to pay a sum of approximately $1.3 million to the first respondent, Civil Contractors (Aust) Pty Ltd.

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