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ARTICLE · 28 DECEMBER 2022

BIFA applications in Queensland: Another timely reminder on service

Bennett & Philp Lawyers
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A respondent to a payment claim must ensure that it responds with its payment schedule within the Prescribed Period.

AustraliaReal Estate and Construction
Tony Mylne
Tony Mylne
Francis Joseph
Francis Joseph
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The Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIFA) imposes a strict time limit for responding to a payment claim. Under Queensland rules the respondent has fifteen business days in order to respond to a payment claim with a payment schedule. Under the equivalent New South Wales legislation, it is only ten business days (Prescribed Period). If a payment schedule is not served within the Prescribed Period, the respondent loses the opportunity to respond entirely.

Recent NSW Supreme Court judgments show some of the pitfalls practitioners may encounter when serving documents within the Prescribed Period.

Demex Pty Ltd v John Holland Pty Ltd [2022] QSC 259

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