Adjudication News
Cardinal v Hanave – a split decision from the NSW Court of Appeal
23 December 2011
The NSW Court of Appeal has delivered judgment (16th December 2011) in this case. The first adjudication was by Philip Davenport. As with several others of his decisions in other cases, this one was declared void and of no effect in August 2010. The claimant then sough to excercise his right to make a new Continue Reading »
Birdon v Houben Marine
[2011] FCA 1313 – 9 December 2011
Birdon Pty Ltd v Houben Marine Pty Ltd (No 2) [2011] FCA 1313 The avenues available for a party who wishes to stop or quash a adjudication continue to expand. In this case, the Federal Court granted an injunction under s 234 of the Australian Consumer Law restraining an adjudication before Philip Davenport on Continue Reading »
Hansen Yunken v Ericson
9 December 2011
Hansen Yuncken Pty Ltd v Ian James Ericson trading as Flea’s Concreting & Anor [2011] QSC 327 A permanent injunction was granted restraining the enforcement of the decision of Philip Davenport as adjudicator on the ground that the payment claim was tainted by fraud in the sense of deliberate exaggeration. But the court dis require Continue Reading »
Two Strikes and you’re Out?
9 December 2011
When the South Australian government held a briefing for stakeholders on the new Security of Payment regime, it announced a welcome Red card/Yellow card system. Adjudicators who have been found to have been wanting in good faith at least twice were to be disqualified, (red card) and adjudicators found wanting in other less serious respects Continue Reading »
SA Security of Payment Regulations now out
9 December 2011
The Building and Construction Industry Security of Payment Regulations 2011 SA have now been made. As at the date of this post, they are not yet available on AUSTLII, but are set out below. No surprises; the Regulations are extremely sparse. 1 December 2011 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 4785 South Australia Building and Continue Reading »
Complexity in Adjudications
17 October 2011
In Western Australia, the Court of Appeal has held that review by the SAT is not available where an adjudicator proceeds nothwithstanding the complexity of the dispute, but prerogative writs are.
SA Attorney-General’s Department stakeholder briefing on 23 September
2 September 2011
The SA Attorney-General’s Department has now considered the submissions it has received on the proposed regulations and administrative arrangements for the Act, and will be briefing stakeholders on 23 September.
Opposition supports SA Security of Payment Bill
11 July 2011
This article contains an extract from the Hansard record of proceedings in the House of Assembly on 16 July 2009, showing that the Bill is continuing to make slow progress.
SA adjudication legislation could be in effect by December 2011
15 June 2011
At long last, there has been some movement towards bringing the SA legislation into effect by December this year, following a meeting called by the Office of Consumer and Business Affairs.
Law Society President urges regulations to discourage commercial arrangements
20 May 2011
The President of the Law Society has written to the Minister for Consumer Affairs urging that regulations under the Act should discourage commercial arrangements, in particular citing the practice of some ANAs of chaging requiring adjudicators to pay 40% of their fee to the ANA.
Independent Contractors Amendment Regulations 2010
22 July 2010
A potential impediment to the commencement of the South Austrlian Act has now been removed with the passing of the Independent Contractors Amendment Regulations 2010, which received the Royal Assent on 15th July 2010.
Towards harmonisation of construction industry payment legislation
10 July 2010
The paper ‘Towards Harmonisation of Construction Industry Payment Legislation: A Consideration of the Success Afforded by the East and West Coast Models in Australia’ by Jeremy Coggins, Robert Fenwick Elliott and Matthew Bell was delivered in Perth last month.
Robert Fenwick Elliott now a registered NT Adjudicator
17 June 2010
Robert Fenwick Elliott is now registered as an Adjudicator in the Northern Territory.
Adjudication Toolkit
18 February 2010
We have produced an adjudication toolkit for the Building and Construction Industry Security of Payment Act 2009 (SA) on a 2GB USB Flash drive. This contains all of the useful equipment, including an annotated copy of the Act, our flowchart and list of drop dead dates, and all of the legal authorities.
Building and Construction Industry Security of Payment Bill (SA) passed
4 December 2009
The Building and Construction Industry Security of Payment Act 2009 (“the Act”) was passed by the South Australian Parliament on 3 December 2009. The Act is based on the New South Wales legislation, but with some amendments.
Domestic contracts – back to square one for SA?
25 November 2009
John Darley MLC last night (24th November) released his proposed amendment intended to reverse the inclusion of domestic contracts. Tom Kenyon MP has indicated he will support this amendment, which reflects strong criticism of the mixing of the East Coast (default) system with domestic application.
Kenyon Bill is all go
1 November 2009
The Kenyon Bill has been passed by the South Australian House of Assembly, and had its first reading in the Legislative Council on 29th October. It is due for its 2nd reading on 18th November, and the word on the street is that both the government and the opposition are proposing to nod it through.
Adjudication Process and the proposed Security of Payment Bill
20 October 2009
There will be an IAMA forum on the proposed South Australian Security of Payment legislation on 24th November 2009.
Western Australia 2008 Report – Construction Contracts Act WA
22 March 2009
The arbitrator & mediator, which is the journal of the Institute of Arbitrators and Mediators Australia, has published in Volume 27, No 2, page 33 the paper delivered at the 2008 IAMA conference of Peter Gow on the Construction Contracts Act in Western Australia.
Latest figures on take up rates
12 March 2009
An analysis of the latest figures available compare the take up rates for adjudication in various states; see our Adjudication take up rates page.