Queensland Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY PAYMENTS ACT 2004 - SECT 35

(1) An adjudicator is entitled to be paid for adjudicating an adjudication application--

(a) the amount, by way of fees and expenses, agreed between the adjudicator and the parties to the adjudication; or

(b) if no amount is agreed, the amount, for fees and expenses, that is reasonable having regard to the work done and expenses incurred by the adjudicator.

(2) The claimant and respondent are jointly and severally liable to pay the adjudicator's fees and expenses.

(3) The claimant and respondent are each liable to contribute to the payment of the adjudicator's fees and expenses in equal proportions or in the proportions the adjudicator decides.

(4) An adjudicator is not entitled to be paid any fees or expenses for the adjudication of an adjudication application if the adjudicator fails to make a decision on the application (other than because the application is withdrawn or the dispute between the claimant and respondent is resolved) within the time allowed by section 25(3).

(5) Subsection (4) does not apply only because an adjudicator refuses to communicate the adjudicator's decision on an adjudication application until the adjudicator's fees and expenses are paid.