Victorian Current Acts

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 - SECT 22

    (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.

S. 22(2) substituted by No. 42/2006 s. 22(1).

    (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

S. 22(4)(b) substituted by No. 42/2006 s. 22(2).

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

S. 22(4A) inserted by No. 42/2006 s. 22(3).

    (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.

S. 22(5A) inserted by No. 42/2006 s. 22(4).

    (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.