Catchwords:

BUILDING AND CONSTRUCTION — Adjudication Review Application under the Building and Construction Industry (Security of Payment) Act 2021 (WA) — requirement under s 42(3) of that Act for an applicant making an adjudication review application to give a copy of that application to the other party within one business day after the application is made — statutory construction — whether s 42(3) is a jurisdictional precondition — whether the review adjudicator fell into jurisdictional error

BUILDING AND CONSTRUCTION — Statutory Construction — interpretation of s 113 of the Building and Construction Industry (Security of Payment) Act 2021 (WA) requiring the giving of a document in the manner provided for in the contract or in s 113(3) of that Act — whether the primary judge erred in finding that the respondent did not comply with the time requirement in s 42(3) by sending an email with an attached email providing a Mimecast link to the application documents