Victorian Consolidated Legislation

Building and Construction Industry Security of Payment Act 2002 - SECT 28

Claimant may make new application if previous application refused or not determined

28. Claimant may make new application if previous application refused or not
determined



(1) This section applies if-

   (a)  a claimant fails to receive an adjudicator's notice of acceptance of
        an adjudication application within 4 business days after the
        application is made; or

   (b)  an adjudicator who accepts an adjudication application fails to
        determine the application within the time allowed by section 22(4).

(2) In either of those circumstances, the claimant-

   (a)  may withdraw the application, by notice in writing served on the
        adjudicator or the authorised nominating authority to whom the
        application was made; and

   (b)  may make a new adjudication application under section 18.

(3) Despite sections 18(3)(c), 18(3)(d) and 18(3)(e), a new adjudication
application may be made at any time within 5 business days after the claimant
becomes entitled to withdraw the previous adjudication application under
subsection (2).

(4) This Division applies to a new application referred to in this section in
the same way as it applies to an application under section 18.

Division 2A-Review of adjudication