In forceAmended2006 Revised Edition

Contents

10. Adjudication review applications

Amended

Last amended by an amending law of 2019.

(1)

A party to an adjudication is entitled to lodge an application for the review of the determination of the adjudicator under section 18 of the Act if —

(a)

the adjudicated amount exceeds the relevant response amount by at least $100,000; or

(b)

the claimed amount exceeds the adjudicated amount by at least $100,000.

(2)

Every adjudication review application shall —

(a)

contain proof of payment of the adjudicated amount to the authorised nominating body pursuant to section 18(3) of the Act; and

(b)

be accompanied by a copy of the adjudication determination that is the subject of the application.

(3)

An authorised nominating body shall, upon receipt of an adjudication review application —

(a)

appoint one review adjudicator if —

(i)

the adjudicated amount exceeds the relevant response amount by at least $100,000 but less than $1 million; or

(ii)

the claimed amount exceeds the adjudicated amount by at least $100,000 but less than $1 million; or

(b)

appoint a panel of 3 review adjudicators if —

(i)

the adjudicated amount exceeds the relevant response amount by at least $1 million; or

(ii)

the claimed amount exceeds the adjudicated amount by at least $1 million.

Subregulation 1

A party to an adjudication is entitled to lodge an application for the review of the determination of the adjudicator under section 18 of the Act if —

(a)

the adjudicated amount exceeds the relevant response amount by at least $100,000; or

(b)

the claimed amount exceeds the adjudicated amount by at least $100,000.

Subregulation 2

Every adjudication review application shall —

(a)

contain proof of payment of the adjudicated amount to the authorised nominating body pursuant to section 18(3) of the Act; and

(b)

be accompanied by a copy of the adjudication determination that is the subject of the application.

Subregulation 3

An authorised nominating body shall, upon receipt of an adjudication review application —

(a)

appoint one review adjudicator if —

(i)

the adjudicated amount exceeds the relevant response amount by at least $100,000 but less than $1 million; or

(ii)

the claimed amount exceeds the adjudicated amount by at least $100,000 but less than $1 million; or

(b)

appoint a panel of 3 review adjudicators if —

(i)

the adjudicated amount exceeds the relevant response amount by at least $1 million; or

(ii)

the claimed amount exceeds the adjudicated amount by at least $1 million.

Report

Read on from reg 11