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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 - SECT 25
Filing of adjudication certificate as judgment debt
(1) An adjudication certificate may be filed as a judgment for a debt in any
court of competent jurisdiction and is enforceable accordingly.
(2) An
adjudication certificate cannot be filed under this section unless it is
accompanied by an affidavit by the claimant stating that the whole or any part
of the adjudicated amount has not been paid at the time the certificate is
filed.
(3) If the affidavit indicates that part of the adjudicated amount has
been paid, the judgment is for the unpaid part of that amount only.
(4) If
the respondent commences proceedings to have the judgment set aside, the
respondent-- (a) is not, in those proceedings, entitled-- (i) to bring any
cross-claim against the claimant, or
(ii) to raise any defence in relation to
matters arising under the construction contract, or
(iii) to challenge the
adjudicator's determination, and
(b) is required to pay into the court as
security the unpaid portion of the adjudicated amount pending the final
determination of those proceedings.
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