No Security of Payment Entitlement without a Requisite Builders Licence

In a decision handed down on 19 December 2013, the Adelaide Magistrates’ Court has accepted my argument that Cant v Casella governs the position in SA i.e. a builder without a requisite building licence cannot make a valid claim under the security of payment legislation. On inter alia this ground, a default judgment was set aside.

The decision also makes the point that, despite rule 60(4) of the Magistrates Court Rules, default judgment under section 15 of the Building and Construction Industry Security of Payment 2009 (SA) is not available in the usual way – there must be some sort of process whereby the court satisfies itself of the relevant circumstances if judgment is to be given.

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