On 24 February 2015, the Supreme Court of Victoria made a decision that clarifies the entitlements of companies in liquidation under the Building and Construction Industry Security of Payment Act 2002 (Vic) (SOP Act) and reinforces that the Corporations Act 2001 (Cth) regime in section 553C is paramount.

In Facade Treatment Engineering Limited v Brookfield Multiplex Constructions Pty Ltd [1], the Supreme Court found that the plaintiff could not obtain judgment for interim entitlements under the SOP Act because, as the plaintiff was in liquidation, the amount owing between the parties should be determined in accordance with section…