Victorian Consolidated Legislation

Building and Construction Industry Security of Payment Act 2002 - SECT 37

Stay of payments

37. Stay of payments



(1) If-

   (a)  a notice of claim is served on a principal under this Division in
        relation to the payment of money owed to a respondent under a
        contract; and

   (b)  before the notice was served, the principal had commenced proceedings
        in a court against the respondent in relation to that contract-

the principal may apply to the court for a stay of payments under this
Division in respect of the notice of claim.

(2) The court may grant a stay applied for under subsection (1) and make any
ancillary orders it considers necessary.

(3) Despite anything to the contrary in this Division, if a stay is granted
under this section the principal is not required to make payments under this
Division for the period of the stay.