BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 27 Filing of adjudication certificate as judgment debt

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 27

    (1)     An adjudication certificate may be filed as a judgment for a debt, and may be enforced, in any court of competent jurisdiction.

    (2)     The adjudication certificate must be accompanied by an affidavit by the claimant stating the amount of the adjudicated amount that has not been paid at the time the certificate is filed.

    (3)     If the affidavit states that part of the adjudicated amount has been paid, the amount to be recovered is the unpaid part of the adjudicated amount.

    (4)     If the respondent starts a proceeding to have the judgment set aside, the respondent—

        (a)     is not, in the proceeding, 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 decision; and

        (b)     is required to pay into the court as security the unpaid part of the adjudicated amount pending the final decision of the proceeding.