Republic of Turkey v Mackie Pty Ltd & Anor [2012] VSC 309

Building and Construction Industry Security of Payment Act 2002 (Vic) – Adjudication conducted under Part 3 Division 2 of the Act – Whether Adjudicator had jurisdiction – Decision open to review by way of certiorari – Whether finding by adjudicator that payment claim valid reviewable – Removal of conditions not permitted under the Domestic  Building Contracts Act 1995 (Vic) – Whether construction of a Consular Residence is a ‘Domestic Building Contract’ – Application of s 7(2)(b) of the Building and Construction Industry Security of Payments Act 2002 (Vic) - Director of Housing of the State of Victoria v Structx Pty Ltd [2011] VSC 410 applied.

STATUTORY   INTERPRETATION   –  Definition  of  ‘Domestic Building  Contract’  as  defined in section 3 of the Domestic  Building Contracts Act 1995 (Vic) – Definition as defined in section 5 of the Domestic  Building Contracts Act 1995 (Vic) - Is a ‘Domestic Building Contract’ as defined in the Domestic   Building Contracts Act 1995 (Vic) such that by section 7 of the Building and Construction Industry Security of Payments Act 2002 (Vic) the Contract was excluded  from  that  Act  –  Relevance  of  the  Vienna  Convention  on  Diplomatic  Relations, (entered into force on 24 April 1964) Article 30(1) to construction of the Domestic  Building Contracts Act 1995 (Vic) considered in the circumstances.

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