Adjudication decisions – judicial review

Allens Arthur Robinson

The Queensland Court of Appeal has followed the High Court and found that, despite the specific exclusion of the Building and Construction Industry Payments Act 2004 (Qld) from the operation of the Judicial Review Act 1991 (Qld), the legislature cannot exclude the power of a State Supreme Court to exercise its supervisory jurisdiction as to jurisdictional error in executive and judicial decision making. On the facts, it upheld the lower Court’s finding that the adjudicator had not made a decision beyond the scope of his legislative powers; that is, there had not been any jurisdictional error. [Case ref: Kirk v Industrial Court (NSW) (2010) 239 CLR 531; Northbuild Construction P/L v Central Interior Linings P/L & Ors [2011] QCA 22.]

Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.

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