State of Queensland v T & M Buckley P/L [2012] QSC 265

Administrative Law – Judicial Review - Grounds of Review – Jurisdictional matters – where first respondent served payment claim on applicant – where applicant served payment schedule in response to payment claim and matter referred to adjudication – where applicant seeks declaration that adjudication decision is void by reason of jurisdictional error – where applicant submitted that no reference date accrued pursuant to Building and Construction Industry Payments Act 2004 which resulted in the payment claim being invalid and the adjudication decision being void – whether accrual of the statutory reference date is conditional upon the prior delivery of the statutory declaration – whether the adjudication decision was void Building and Construction Industry Payments Act 2004 (Qld), s 12, s 99, Schedule 2 Corporations Act 2001 (Cth), s 471B John Holland Pty Ltd v Coastal Dredging & Construction Pty Limited [2012] QCA 150, cited. Simcorp Developments & Constructions Pty Ltd v Gold Coast Titans Property Pty Ltd [2010] QSC 162, cited

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