Northern Territory Consolidated Acts Northern Territory Consolidated Acts46. Costs of adjudications
(1) This section applies if:
(a) an adjudicator is appointed to adjudicate a payment dispute; and
(b) one of the following applies:
(i) the party who applied for the adjudication withdraws the application under section 28A;
(ii) the adjudicator dismisses the application for adjudication under section 33(1)(a);
(iii) the adjudicator makes a determination of the dispute under section 33(1)(b).
(1A) The adjudicator is entitled:
(a) to be paid for the adjudicator's work:
(i) at a rate agreed between the adjudicator and the parties that is not more than the maximum rate prescribed by the Regulations; or
(ii) if a rate is not agreed - at the rate published under section 55 for the adjudicator; and
(b) to be reimbursed any expenses reasonably incurred in connection with the work.
(2) An appointed adjudicator who is disqualified under section 31 has the entitlements in subsection (1A) for any adjudication work done before the disqualification is notified to the parties.
(3) Despite subsection (1A), an appointed adjudicator may refuse to give notice of the adjudicator's decision or determination under section 33(1) or 36(2) or subsection (9) until the adjudicator has been paid and reimbursed in accordance with subsection (1A).
(4) The parties involved in a payment dispute are jointly and severally liable to pay the costs of an adjudication of the dispute.
(5) As between themselves, the parties involved in a dispute are liable to pay the costs of an adjudication of the dispute in equal shares.
(6) Subsections (4) and (5) do not prevent a decision being made under section 36(2).
(7) An appointed adjudicator may at any time require one or more parties to provide a reasonable deposit, or reasonable security, for the costs or anticipated costs of the adjudication.
(8) A prescribed appointer, before appointing an adjudicator, may require the applicant for adjudication to provide a deposit, or reasonable security, for the costs or anticipated costs of the adjudication.
(9) If a party involved in a dispute has paid more than the party's share of the costs of an adjudication of the dispute, having regard to subsection (5), the appointed adjudicator may decide that another party must pay to the first-mentioned party the amount of the costs that would result in all the parties paying an equal amount of the costs.
(10) If an appointed adjudicator makes a decision under subsection (9) -
(a) the adjudicator must include in the decision the date on which the amount is payable; and
(b) Divisions 4 and 5 apply (with the necessary changes) to the decision as if it were a determination of an appointed adjudicator.
(11) An appointed adjudicator may recover the costs of an adjudication from a person liable to pay the costs in a court of competent jurisdiction as if the costs were a debt due to the adjudicator.
(12) In this section -
costs of an adjudication means -
(a) the entitlements of the appointed adjudicator under subsection (1A); and
(b) the costs of any testing done, or of any expert engaged, under section 34(2)(c)(ii) or (iii).