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Civil Mining & Construction Pty Ltd v Isaac Regional Council [2014] QSC 231
Where the applicant and respondent entered into a contract for the construction of road works – where there was an extensive history of disputes as to payments owed under the contract - where the parties invoked the dispute resolution provisions under the contract, including mediation and arbitration – where the applicant made a payment claim under the Building and Construction Industry Payments Act (Qld) 2004 (the Act) – whether the applicant can pursue its statutory remedies under the Act concurrently with arbitration proceedings – whether the claim is an abuse of process.
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