Richard Kirk Architect Pty Ltd v Australian Broadcasting Corporation & Ors [2012] QSC 177

Administrative Law – Judicial review – Grounds for review – Jurisdictional matters – where the applicant entered into a contract with the first respondent for the provision of architectural services – where the applicant served a payment claim on the first respondent pursuant to the Building Construction Industry Payments Act 2004 (“the Act”) – where the first respondent contended that the payment claim was void or invalid or in the alternative if the claim was valid it amounted to $NIL – where the applicant served further documents on the first respondent in reference to the claim – where the first respondent disputed the documents formed part of the payment claim – where the applicant sort an adjudication of the payment claim – where the first respondent maintained its position that the payment claim was void throughout the adjudication – where the adjudicator found that the payment claim was valid and amounted to $NIL – where the adjudicator ruled the further documents did not form part of payment claim – where the applicant claims the decision of the adjudicator is void or liable to be set aside for want of jurisdiction – where the applicant now adopts the first respondents argument that the payment claim was not a valid payment claim as defined under the Act – where the applicant further submits that the adjudicator should have taken the further documents into account when making his decision – whether the adjudication decision is void or liable to be set aside

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