Adjudication News
Adjudication in Malaysia
14 May 2012
Word from Malaysia is that their new Construction Industry Payment and Adjudication Act 2011 is shortly to become law. The form of the proposed legislation is available at http://www.cidb.gov.my/v6/files/ann/CIPAABill_English1.pdf. It is very much at the evaluative end of the spectrum, thus not at all following Singapore, which followed the default approach of the Australian East Continue Reading »
Professional Body ANAs in South Australia
1 May 2012
The first professional body authorised to nominate Adjudicators has been announced; the Institute of Arbitrators & Mediators Australia (IAMA) has now been authorised as an ANA under the Building and Construction Industry Security of Payment Act 2009 (SA), which came into force in December 2011. The IAMA panel of Adjudicators includes Fenwick Elliott & Grace Continue Reading »
Security of Payments: Complying with the Changes
20 April 2012
Robert Fenwick Elliott will be presenting a paper at this Legalwise seminar Building and Construction Law 126S05 Date: Wednesday, 6 June 2012 Time: 9.00am to 1.15pm Venue: InterContinental Adelaide, North Terrace, Adelaide Details are at http://www.legalwiseseminars.com.au/sa-building-construction-law
SoCLA Autumn 2012 Newsletter
20 April 2012
The Society of Construction Law Australia Autumn 2012 newsletter is now available. The Newsletter includes (or will soon include) details of the survey on construction adjudication. All those who have been involved in security of payment adjudications around Australia, whether as claimant or respondent, are encouraged to fill one in – it will only take Continue Reading »
Adjudication Course – Last minute entries
13 March 2012
There are still a few last minute entries coming in for the joint Law Society/SA Bar Association Adjudicator Training Course, designed for those who would like to be on the new JANA Panel of Adjudicators. The course runs from lunchtime this Thursday, 15th March, to Saturday lunchtime. The course presenters are Professor Rashda Ran from Continue Reading »
Robert Fenwick Elliott NT Adjudication decision
17 February 2012
In the Northern Territory, determinations by adjudicators are published, but with the names of the parties removed. For a recent decision by Robert Fenwick Elliott as adjudicator, see http://www.nt.gov.au/justice/policycoord/documents/construction/27_12_01.doc.
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.