BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 23 Adjudication procedures

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 23

    (1)     The adjudicator for an adjudication application must not decide the application until after the end of the period within which the respondent may give an adjudication response.

    (2)     The adjudicator must not consider an adjudication response unless the respondent gives the response to the adjudicator within the time required by section 22.

    (3)     The adjudicator must decide an adjudication application as soon as possible but not later than—

        (a)     if the respondent is entitled to give an adjudication response under section 22— 10 business days after the earlier of—

              (i)     the date on which the adjudicator receives the adjudication response; and

              (ii)     the date on which the adjudication response is required to be given to the adjudicator under section 22; or

        (b)     if the respondent is not entitled to give an adjudication response under section 22— 10 business days after the respondent receives a copy of the adjudication application; or

        (c)     if a further time is agreed between the claimant and the respondent—the further time.

    (4)     In a proceeding to decide an adjudication application, an adjudicator—

        (a)     may ask for further written submissions from either party; and

        (b)     if a further submission is lodged by a party—must allow the other party to comment on the submission; and

        (c)     may set deadlines for further submissions and comments by the parties; and

        (d)     may call a conference of the parties; and

        (e)     may carry out an inspection of any matter related to the claim.

    (5)     If the adjudicator calls a conference—

        (a)     the conference must be conducted informally; and

        (b)     the parties are not entitled to legal representation at the conference.

    (6)     The adjudicator's power to decide an adjudication application is not affected by the failure of a party—

        (a)     to make a submission within time; or

        (b)     to comment on a submission within time; or

        (c)     to comply with the adjudicator's call for a conference.