Properly made submissions in adjudications

Section 22(2)(c) of the Building and Construction Industry Security of Payments Act 2009 (SA) permits an adjudicator to consider, among other things, the payment claim and all submissions that have been “duly made” by the claimant. What is the position if the adjudicator considers other material that has been provided to him by the claimant?
The issue arose last week in the Supreme Court of Queensland in J Hutchinson v Cada Formwork [2014] QSC 63. The equivalent provision in Queensland is section 26(2) of the Building and Construction Industry Payments Act 2004 (Qld), where the formula is submissions “properly made”. On the facts, the material in question was an email Continue reading