Victorian Consolidated Legislation

Building and Construction Industry Security of Payment Act 2002 - SECT 22

Adjudication procedures

22. Adjudication procedures



(1) An adjudicator is not to determine an adjudication application until after
the end of the period within which the respondent may lodge an adjudication
response.





(2) An adjudicator must serve a written notice-

   (a)  on any relevant principal and any other person who is included in the
        adjudication response under section 21(2)(c); and

   (b)  on any other person who the adjudicator reasonably believes, on the
        basis of any submission received from the claimant or the respondent,
        is a person who has a financial or contractual interest in the matters
        that are the subject of the adjudication application .

(3) An adjudicator is not to consider an adjudication response unless it was
made before the end of the period within which the respondent may lodge the
response.

(4) Subject to subsections (1) and (3), an adjudicator is to determine an
adjudication application as expeditiously as possible and, in any case-

   (a)  within 10 business days after the date on which the acceptance by the
        adjudicator of the application takes effect in accordance with section
        20(2); or

   (b)  within any further time, not exceeding 15 business days after that
        date, to which the claimant agrees.

(4A) A claimant must not unreasonably withhold their agreement under
subsection (4)(b).



(5) For the purposes of any proceedings conducted to determine an adjudication
application, an adjudicator-

   (a)  may request further written submissions from either party and must
        give the other party an opportunity to comment on those submissions;
        and

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

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

   (d)  may carry out an inspection of any matter to which the claim relates.

(5A) Any conference called under subsection (5)(c) is to be conducted
informally and the parties are not entitled to legal representation unless
this is permitted by the adjudicator.

(6) The adjudicator's power to determine an application is not affected by the
failure of either or both of the parties to make a submission or comment
within the time or to comply with the adjudicator's call for a conference of
the parties.