The Big Picture: Causes of Compromised Outcome of Complex Statutory Adjudications in Australia

International Construction Law Review Journal (2016)

Posted: 27 Jun 2017

See all articles by Samer Skaik

Samer Skaik

CQUniversity

Jeremy Coggins

University of South Australia

Anthony Mills

Deakin University

Date Written: January 1, 2016

Abstract

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

Suggested Citation

Skaik, Samer and Coggins, Jeremy and Mills, Anthony, The Big Picture: Causes of Compromised Outcome of Complex Statutory Adjudications in Australia (January 1, 2016). International Construction Law Review Journal (2016), Available at SSRN: https://ssrn.com/abstract=2992382

Samer Skaik (Contact Author)

CQUniversity ( email )

120 Spencer st
Melbourne
Victoria, Victoria 3000
Australia

Jeremy Coggins

University of South Australia ( email )

37-44 North Terrace, City West Campus
Adelaide, South Australia 5001
Australia

Anthony Mills

Deakin University

75 Pigdons Road
Victoria, Victoria 3216
Australia

Here is the Coronavirus
related research on SSRN

Paper statistics

Abstract Views
91
PlumX Metrics