The Big Picture: Causes of Compromised Outcome of Complex Statutory Adjudications in Australia
International Construction Law Review Journal (2016)
Posted: 27 Jun 2017
Date Written: January 1, 2016
Statutory adjudication has been enacted progressively throughout Australia on a state-by-state basis over a period of 10 years. The legislation with more emphasis on the Eastern States has come under much criticism recently for failing to facilitate decisions of sufficient quality with respect to complex adjudications. This paper reviews this criticism and discusses the key causes of the unsatisfactory outcome of complex adjudications in Australia. The identified causes are namely flawed appointment, relaxed eligibility and regulation, intimidation of adjudicators, fuzzy jurisdictional boundaries, abbreviated time-frames, limited inquisitorial powers and want of review mechanism. The implication of the research is a better understanding of the nature of the quality of complex adjudication outcome and the relevant worthwhile reform opportunities in Australia, especially with regard to introducing legislative review mechanisms.
Keywords: security of payment, adjudication, construction law, australia, complex claims
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