Bloc Constructions (ACT) Pty LTD v ABS Facade (ACT) Pty Ltd [2023] FCA 1282

Federal Court of Australia

Bloc Constructions (ACT) Pty LTD v ABS Façade (ACT) Pty Ltd [2023] FCA 1282 File number(s): ACD 36 of 2022

Judgment of: PERRY J

Date of judgment: 25 October 2023

Catchwords: ADMINISTRATIVE LAW — where the applicant and first respondent entered into a construction contract — where adjudicator made an adjudication determination between the applicant and first respondent — whether the adjudicator's decision was invalid for jurisdictional error because the first respondent did not provide a valid payment claim within the meaning of the Building and Construction Industry (Security of Payment) Act 2009 (ACT) — whether the payment claim sufficiently identified the construction work to which the claim related in order to satisfy s 15(2)(a) of the Act — where impugned payment claim included same methodology as previous payment claims — no error demonstrated ADMINISTRATIVE LAW — whether the adjudicator determined an amount "to be paid", as required by s 24(1)(a) of the Act — where face of adjudication decision and its reasons make clear the amount to be paid ADMINISTRATIVE LAW — consideration of reference dates arising under the contract — whether reference date arose under a progress payment or a final payment — where final payment depends upon practical completion of the project, and practical completion had not been achieved — whether Cat Protection Society of Victoria v Arvia Pty Ltd [2018] VSC 757 distinguishable

Legislation: Australian Capital Territory (Self-‍Government) Act 1988 (Cth) s 48A Jurisdiction of Courts (Cross-‍Vesting) Act 1987 (Cth) s 9(3) Building and Construction Industry Payments Act 2004 (Qld) s 17(2)(a) Building and Construction Industry Security of Payment Act 1999 (NSW) ss 8(1), 13(1) and 13(2) Building and Construction Industry Security of Payment Act 2002 (Vic) s 14(2)(c) Building and Construction Industry (Security of Payment) Act 2009 (ACT) ss 6(1)(a), 6(1)(b), 6(2), 10, 11, 13, 14, 15, 16, 17(1)-(2), 19, 24, 25, 26(1)–‍(3), 27(1), 38 Building Industry Fairness (Security of Payment) Act 2017 (Qld) s 68(1)