Brutal Time Limits And Repository Links In Security Of Payment

A link to a file-sharing repository might get your documents into a recipient’s inbox – but does it satisfy the statutory requirement to “give” them the documents? What is the consequence of failure to serve a Western Australian review adjudication application within one business day of filing it?

These issues are addressed in Reward Interiors Pty Ltd t/s Reward Group v Tackelly No 8 Pty Ltd atf Tackelly No 8 Trust [2026] NSWCA 133 (Tackelly), another instance of NSW courts meddling in the WA security of payment space, but with useful guidance for all.

Background

Reward Interiors Pty Ltd (Claimant) was engaged by Tackelly No 8 Pty Ltd (Respondent) to undertake design and construction works at a hotel in Perth, WA. The Claimant took a payment claim to an adjudication under the Building and Construction Industry (Security of Payment) Act 2021 (WA) (WA SOP Act), the adjudicator determined in favour of the Claimant. The Respondent then applied for a review of the adjudication