There is a common belief that where real or personal property is held by a husband and wife jointly, then if one of them passes on, their share automatically is transferred to the surviving spouse. This is not necessarily the case, as it depends upon whether the particular asset – for example a home, a […]
A contractor or subcontractor liable to pay an adjudication amount pursuant to a determination by an adjudicator under the Act can apply to have the determination set aside. An application to challenge a determination by an adjudicator under the Act must be made to the Supreme Court of Queensland. The Supreme Court frequently hands down […]
The adjudication process starts by the claimant (the contractor owed money) filing an Adjudication Application in the QBCC, together with its supporting material. This is done online. Once it is filed, then the application and supporting material has to be served on the respondent (the person who owes the money) in accordance with the Act, […]
Following on from my earlier articles concerning Queensland’s Building Industry Fairness (Security of Payment) Act, the adjudication process is open to a contractor where an amount owed under a payment claim is not paid by the due date, or a payment schedule has the payment amount less than the amount in the payment claim. Since […]
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