South Australian Numbered Acts

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 (NO 77 OF 2009) - SECT 25

25—Filing of adjudication certificate or costs certificate as judgment debt

        (1)         An adjudication certificate may be filed as a judgment for a debt in a 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 a 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 a cross-claim against the claimant; or

                  (ii)         to raise a 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.