A respondent who applies to the Court to challenge an
adjudication decision under Building and Construction Industry
Payments Act 2004 (Qld) (BCIPA) as void will
typically also seek to restrain the successful claimant from
enforcing that decision and where judgment has been obtained, may
elect to do so without applying to set aside the judgment or
otherwise seeking interim relief. The approach could be described
as a crafty attempt to avoid the mandatory requirement under
section 31(4) of BCIPA of paying the adjudicated amount into Court
until the challenge is resolved. However, when invited to consider
whether such a payment into Court is required in those
circumstances, Lyons J in Runaway Bay Investments Pty Ltd as
trustee for Runaway Bay Investments Unit Trust v GCB
Constructions Pty Ltd and Ors [2018] QSC 292, held that whilst
not mandatory, based on the circumstances that prevailed, a payment
into Court was required to ensure the policy of BCIPA was
