Supreme Court of Queensland Kelly J Case Analysis A. OVERVIEW Azure Project 19 Pty Ltd v 5 Point Projects Pty Ltd [2026] QSC 96 is a significant Queensland security of payment decision concerning the extent to which an adjudicator must consider and apply contractual provisions when assessing liquidated damages. The Supreme Court held that the adjudicator committed jurisdictional error by allowing a liquidated damages deduction based on an apparent concession without properly determining the...

HIGH COURT OF AUSTRALIA Stephen, Mason, Aickin, Wilson and Brennan JJ. Case Analysis A. OVERVIEW The High Court decision in Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) stands as a foundational authority in Australian contract law. The case is significant for its comprehensive treatment of three doctrinal areas: the implication of contractual terms, the scope of admissible extrinsic evidence, and the doctrine of frustration. In particular, the judgment...

Case Summary A. Overview The Building Industry Fairness (Security of Payment) Act 2017 (BIFA) provides a fast, statutory mechanism to ensure contractors and subcontractors in Queensland are paid for construction work and related goods and services within strict timeframes. Designed to reduce cash‑flow pressures, BIFA creates a streamlined process for making payment claims, issuing payment schedules, and resolving disputes through rapid adjudication. As a result, it has become one of the...