28RProceedings to recover amount payable under section 28M or 28N

28R Proceedings to recover amount payable under section 28M or 28N (1) If an authorised nominating authority has provided an adjudication certificate to a person under section 28Q, the person may recover as a debt due to that person, in any court of competent jurisdiction, the unpaid portion of the amount payable under section 28M or 28N. (2) A proceeding referred to in subsection (1) cannot be brought unless the person provided with the adjudication certificate files in the court— (a) the adjudication certificate; and (b) an affidavit by that person stating that the whole or any part of the amount payable under section 28M or 28N has not been paid at the time the certificate is filed. (3) If the affidavit indicates that part of the amount payable under section 28M or 28N has been paid, judgment may be entered for the unpaid portion of that amount only. (4) Judgment in favour of a person is not to be entered under this section unless the court is satisfied that the person liable to pay the amount payable under section 28M or 28N has failed to pay the whole or any part of that amount to that first-mentioned person. (5) If a person commences proceedings to have the judgment set aside, that person— (a) subject to subsection (6), is not, in those proceedings, entitled— (i) to bring any cross-claim against the person who brought the proceedings under subsection (1); or (ii) to raise any defence in relation to matters arising under the construction contract; or (iii) to challenge an adjudication determination or a review determination; and (b) is required to pay into the court as security the unpaid portion of the amount payable under section 28M or 28N pending the final determination of those proceedings. (6) Subsection (5)(a)(iii) does not prevent a person from challenging an adjudication determination or a review determination on the ground that the person making the determination took into account a variation of the construction contract that was not a claimable variation. (7) A claimant may not bring proceedings under this section to recover an adjudicated amount under an adjudication determination if the claimant has made an adjudication review application in respect of that determination and that review has not been completed. (8) Nothing in this section affects the operation of any Act requiring the payment of interest in respect of a judgment debt.