Landscaper adjudication application: Good service is hard to find

Serving an adjudication application is necessary before an adjudication can be validly undertaken. Claimants must ensure that they effect valid service and can prove such service to the adjudicator, and if necessary, the Court.   

The recent Supreme Court decision in Equinox Construction Pty Ltd v Henning & Anor [2021] QSC 223 highlights the importance of reliable evidence of service in the security of payment context.

Facts

Mr Henning, a landscaper, issued a payment claim to Equinox Construction Pty Ltd ('Equinox') under the Building Industry Fairness (Security of Payment) Act 2017  (Qld) ('BIFA') for work associated with a town house development at Annerley. Equinox failed to pay the claimed amount and did not provide a payment schedule. Mr Henning obtained an adjudication decision in his favour.