16

Feb

Jurisdictional error? Do you have to pay?

If you receive an adjudication decision that may be subject to being set aside for jurisdictional error, do you have to pay? Another recent QLD case Low v MCC Pty Ltd [2018] QSC 006, Jackson J considered, inter alia, an argument that the interlocutory injunction sought – which was to restrain the enforcement of adjudication decisions which […]

16

Feb

Don’t give an adjudicator the chance to get it wrong

Don’t give an adjudicator the chance to get it wrong –Two recent high decisions have confirmed that even if an adjudication decision is wrong at law, it cannot be set-aside unless the adjudicator’s error is ‘jurisdictional’ in nature: Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 and Maxcon Constructions Pty Ltd v[…]