What are the five basic and essential statutory requirements upon which the valid exercise of an adjudicator’s jurisdiction is conditioned upon?

There are five basic and essential statutory requirements upon which the valid exercise of an adjudicator’s jurisdiction is conditioned upon. They are highlighted in Acciona Agua Australia Pty Ltd v Monadelphus Engineering Pty Ltd [2020] QSC 133 at [32]-[42]. They are not otherwise expressly stated in the BIF Act.

The first is the existence of a construction contract between the claimant and the respondent, to which the BIF Act applies: sections 64 and 70.

The second is the service by the claimant on the respondent of a (valid) payment claim: sections 68 and 75.

The third is the making of an adjudication application by the claimant to the adjudication registrar: sections 79 and 150.

The fourth is the reference of the application to an eligible adjudicator, who accepts the application: sections 79(4), 80 and 81.

The fifth is the determination by the adjudicator of the application, by determining the amount of the progress payment, the date on which it becomes or became due and the rate of interest payable and the issue of a determination in writing: sections 81(7), 88(1) and 88(5)(a).