Gantley Pty Ltd v Phoenix International Group [2010] VSC 106

Building Contracts - Building and Construction Industry Security of Payment Act 2002 (Vic) – Progress claim under s.14 of the Act as it was prior to the operation of Act No. 42 of 2006 – Requirement to identify work in progress claim under s.14 of the Act – Degree of specificity in identification of work required - Consequences of non-compliance with identification requirement – Severance of part of payment claim open – Considerations in applying severance – Consequences of invalidity of payment claim – Test for jurisdictional error in adjudicator’s determination – Whether service of progress claim under the Act after termination of construction contract permitted – Circumstances in which progress claim may be served after construction contract terminated – Whether final payment claims  permitted to be made under pre-amended Act – Whether final payment claims permitted to be made under amended Act – What constitutes “progress claim” – What constitutes “final payment claim” – Whether invalidity under s.14 of the Act by reason of more than one payment claim made.

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