CONSTRUCTION Alert: Court now willing to sever errors in adjudicator’s decisions

15 April 2013


The recent decision of Justice Applegarth in BM Alliance Coal Operations Pty Ltd v BGC Contracting Pty Ltd & Ors [2013] QSC 67 (BMA v BGC) has overthrown the previously settled position that a jurisdictional error, regardless of how small, in an adjudication decision made under the Building and Construction Industry Payments Act 2004 (Qld) (BCIP Act) renders the whole determination invalid.

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