• Specific Year
    Any

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 43 Judicial review of adjudication decision

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 43

Judicial review of adjudication decision

    (1)     Except as provided for in this part, a court does not have jurisdiction to set aside or remit an adjudication decision on the ground of error of fact or law on the face of the decision.

    (2)     An appeal may be made to the Supreme Court on any question of law arising out of an adjudication decision.

    (3)     An appeal under subsection (2) may be brought by any of the parties to an adjudication decision—

        (a)     with the consent of the parties to the decision; or

        (b)     with the leave of the Supreme Court.

    (4)     The Supreme Court must not grant leave under subsection (3) (b) unless it considers that—

        (a)     having regard to all the circumstances, the determination of the question of law concerned could substantially affect the rights of 1 or more parties to the adjudication decision; and

        (b)     there is—

              (i)     a manifest error of law on the face of the adjudication decision; or

              (ii)     strong evidence that the adjudicator made an error of law and that the determination of the question may add, or may be likely to add, substantially to the certainty of the law.

    (5)     The Supreme Court may make any leave which it grants under subsection (3) (b) subject to the applicant complying with any conditions it considers appropriate.

    (6)     On the determination of an appeal under subsection (2) the Supreme Court may by order—

        (a)     confirm, amend or set aside the adjudication decision; or

        (b)     remit the adjudication decision, together with the Supreme Court's opinion on the question of law which was the subject of the appeal, to—

              (i)     the adjudicator for reconsideration; or

              (ii)     if a new adjudicator is appointed by the Supreme Court—to that adjudicator for consideration.

    (7)     If an adjudication decision is remitted under subsection (6) (b) the adjudicator must make the new adjudication decision—

        (a)     within 10 business days after the day the decision was remitted; or

        (b)     within the time directed by the Supreme Court.

    (8)     If the adjudication decision of an adjudicator is amended on an appeal under subsection (2), the adjudication decision as amended has effect as if it were the adjudication decision of the adjudicator.