Dealing with new reasons and partial invalidity of adjudication decision

Important case update on provisions of the Building Industry Fairness (Security of Payment) Act 2017 (BIF), dealing with "new reasons" and partial invalidity of adjudication decision.

This recent Queensland Supreme Court decision by Justice Bond deals with the new provisions of the BIF Act requiring that the adjudicator "must not" take into account new reasons not raised in the payment schedule. It also importantly deals with whether or not the facts, in this case, allowed the court to order in favour of a subcontractor a remedy in accordance with section 101(4) of the Act, whereby the invalid part of the decision could be excised with the valid portion to continue to have effect.