What does the “good faith” test mean for claimants and respondents?
Under the Act, natural justice ensures adjudicators do not fall short or go beyond what they are obliged and entitled to take into account in the exercise of their powers. Section 26(2) of the Act sets out what an adjudicator is required to take into account: • the provisions of the Act and, to the extent that they are relevant, the provisions of the Queensland Building Services Authority Act 1991 (Qld), Part 4A; • the provisions of the construction contract from which the application arose; • the payment claim to which the application relates, together with all the submissions, including relevant documentation, that have been properly made by the claimant in support of the claim; • the payment schedule, if any, to which the application relates, together with all submissions, including relevant documentation, that have been properly made by the respondent in support of the schedule; and • the results of any inspection carried out by the adjudicator of any matter to which the claim rela
