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This recent Queensland Court of Appeal decision
clarifies the effect of a late adjudication and reiterates why it
is important for contractors to frequently review their licensing
position.
Whether lateness of the Adjudicator s decision made it
void.
Whether the costs of the Adjudicator were payable.
Whether the works were excluded from the definition of building
work requiring a licence and whether in the circumstances the
adjudicator had any jurisdiction to decide the builder was entitled
to a progress payment under the Building Industry Fairness
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS - COSTS - OFFERS OF COMPROMISE, PAYMENTS INTO COURT AND
SETTLEMENTS - OFFER OF COMPROMISE OR OFFER TO SETTLE OR CONSENT TO
JUDGMENT PURSUANT TO RULES - GENERALLY - where there was a claim
and counterclaim - where the appellant made an all-up
offer to settle all claims in the proceeding which was
expressed to be under ch 9 pt 5 of the Uniform Civil Procedure
Rules 1999 (
the Rules) - where the offer did not
distinguish between the claim and counterclaim - where the trial
judge held that rr 360 and 361 of the Rules did not apply to the