In Seabay Properties Pty Ltd v Galvin Properties Pty [2011] VSC 183, the Judge in charge of the Technology and Construction List, Vickery J, was considering, among other things, whether liquidated damages were to taken into account by an adjudicator in determining the amount payable under a payment claim. His Honour concluded in this respect:
…. In my opinion, the Adjudicator was correct in determining that Seabay’s claim for liquidated damages against Galvin should have been treated as an “excluded amount” and excluded from the adjudication determination made in relation to Galvin’s Payment Claim ….. claimed under the Act.