AustLII Tasmanian Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 (NO. 86 OF 2009) - SECT 27

Adjudication certificate may be filed as judgment for debt

(1)  An adjudication certificate may be filed as a judgment for a debt in a court of competent jurisdiction.
(2)  An adjudication certificate that is filed as a judgment for a debt in a court of competent jurisdiction is enforceable as a judgment for a debt.
(3)  An adjudication certificate may only be filed under this section if it is accompanied by an affidavit by the claimant stating that a part of the adjudicated amount has not been paid at the time the certificate is filed.
(4)  If the affidavit specifies that part of the adjudicated amount has not been paid, the judgment is only for that part of that amount.
(5)  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, or relating to the subject matter of, the building or construction contract; or
(iii) to challenge the adjudicator's determination; and
(b) must pay into the court as security the unpaid part of the adjudicated amount, pending the final determination of those proceedings.



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