Requirement for payment schedule Building Construction Act doesn't prevent a claim for misleading and deceptive conduct under TPA

Under the provisions of the Building and Construction Industry Payments Act 2004 (Qld), if a payment schedule is not served in response to a payment claim within the time allowed, the respondent will be precluded from bringing a defence - effectively entitling the claimant to the full amount claimed.

Section 52 is fair play

It is now firmly established in Queensland that the BCIPA will not prevent reliance on section 52 of the Trade Practices Act 1974 (Cth) (dealing with misleading and deceptive conduct) where a payment schedule is not delivered in response to a payment claim.

In 2009's landmark Queensland decision of Austruct Qld Pty Ltd v Independent Pub Group Pty Ltd, the Supreme Court opened the scope of defences available where a payment schedule has not been served.