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.