Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 84

84 Adjudication procedures

(1) Subject to the time requirements under section 85 , an adjudicator must decide the following as quickly as possible—

(a) an adjudication application;

(b) applications for extensions of time under section 83 .

(2) For a proceeding conducted to decide an adjudication application, an adjudicator—

(a) must decide—

(i) whether he or she has jurisdiction to adjudicate the application; and

(ii) whether the application is frivolous or vexatious; and

(b) may ask for further written submissions from either party and must give the other party an opportunity to comment on the submissions; and

(c) may set deadlines for further submissions and comments by the parties; and

(d) may call a conference of the parties; and

(e) may carry out an inspection of any matter to which the claim relates.

(3) If a conference is called, it must be conducted informally and the parties are not entitled to any legal representation unless allowed by the adjudicator.

(4) The adjudicator’s power to decide an adjudication application is not affected by the failure of either or both of the parties to make a submission or comment within time or to comply with the adjudicator’s call for a conference of the parties.