Queensland Consolidated Acts
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BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 93
Filing of adjudication certificate as judgment debt
93 Filing of adjudication certificate as judgment debt
(1) An adjudication certificate may be filed as a judgment for a debt, and may
be enforced, in a court of competent jurisdiction.
(2) An adjudication
certificate can not be filed under this section unless it is accompanied by an
affidavit by the claimant stating that the whole or a part of the adjudicated
amount has not been paid to the claimant at the time the certificate is filed.
(3) If the affidavit states that part of the adjudicated amount has been paid,
the judgment is for the unpaid part of the amount only.
(4) If the respondent
commences proceedings to have the judgment set aside—
(a) the respondent is
not, in those proceedings, entitled—
(i) to bring any counterclaim against
the claimant; or
(ii) to raise any defence in relation to matters arising
under the construction contract to which the adjudication certificate relates;
(iii) to challenge the adjudicator’s decision; and
(b) the respondent
is required to pay into the court, as security, the unpaid portion of the
adjudicated amount pending the final decision in those proceedings.
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