Drafting
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- How your organisation has argued the point before.
- The relevant Act for your jurisdiction, in its current version.
- Australian case law, including other States’ equivalent provisions.
- Adjudication decisions on the point.
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The “draft assessment” of 24 March 2026 was not a payment schedule
45.The claimant anticipates that the respondent will contend that the email sent by its contract administrator at 5.58 pm on 24 March 2026, attaching a spreadsheet headed “PC14 – draft assessment (subject to review)”, was a payment schedule given within time.
46.It was not. A payment schedule must identify the payment claim to which it responds and state the amount of the payment, if any, that the respondent proposes to make: s 69 of the Act. The draft assessment was plainly deficient.
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