Victorian Consolidated Legislation

Building and Construction Industry Security of Payment Act 2002 - SECT 28B

Application for review by respondent

28B. Application for review by respondent



(1) Subject to this section, a respondent may apply for a review of an
adjudication determination (an adjudication review).

(2) An application under this section may only be made if the respondent
provided a payment schedule to the claimant within the time specified in
section 15(4) or 18(2).

(3) An application under this section may only be made on the ground that the
adjudicated amount included an excluded amount.

(4) An application under this section may only be made if the respondent has
identified that amount as an excluded amount in the payment schedule or the
adjudication response.

(5) An application under this section may only be made if the respondent has
paid to the claimant the adjudicated amount other than the amounts alleged to
be excluded amounts.

(6) An application under this section may only be made if the respondent has
paid the alleged excluded amounts into a designated trust account.