The Supreme Court of Queensland in this case (“Nebmas Pty Ltd –v– Subdivide Pty Ltd”, 1 May 2009), examined whether certain provisions of Sections 21(2) and 21(3) of the “Building and Construction Industry Payments Act (2004)”(Qld), which relate to the role/decision of an adjudicator of a dispute, are mandatory or “an essential precondition” for the existence of an adjudicator’s determination.