Victorian Current Acts

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 - SECT 37

    (1)     If—

        (a)     a notice of claim is served on a principal under this Division in relation to the payment of money owed to a respondent under a contract; and

        (b)     before the notice was served, the principal had commenced proceedings in a court against the respondent in relation to that contract—

the principal may apply to the court for a stay of payments under this Division in respect of the notice of claim.

    (2)     The court may grant a stay applied for under subsection (1) and make any ancillary orders it considers necessary.

    (3)     Despite anything to the contrary in this Division, if a stay is granted under this section the principal is not required to make payments under this Division for the period of the stay.