Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 95

95 Adjudicator’s fees

(1) An adjudicator is entitled to be paid for adjudicating an adjudication application—

(a) the amount, by way of fees and expenses, agreed between the adjudicator and the parties to the adjudication; or

(b) if no amount is agreed, the amount, for fees and expenses, that is reasonable having regard to the work done and expenses incurred by the adjudicator.

(2) A regulation may prescribe the maximum amount for fees and expenses (the
"prescribed maximum" ) an adjudicator may be paid for adjudicating an adjudication application.

(3) Despite subsection (1) , an adjudicator is not entitled to be paid any amount that is more than the lower of the following amounts—

(a) a reasonable amount having regard to the work done and expenses incurred by the adjudicator;

(b) the prescribed maximum.

(4) The claimant and respondent are jointly and severally liable to pay the adjudicator’s fees and expenses.

(5) The claimant and respondent are each liable to contribute to the payment of the adjudicator’s fees and expenses in equal proportions unless the adjudicator decides otherwise.

(6) An adjudicator is not entitled to be paid any fees or expenses for adjudicating an adjudication application if the adjudicator fails to make a decision on the application.

(7) An adjudicator does not fail to make a decision only because—

(a) the adjudication application is withdrawn; or

(b) the adjudicator decided he or she did not have jurisdiction to adjudicate the application; or

(c) the adjudicator decided the application was frivolous or vexatious; or

(d) the adjudicator refuses to communicate the adjudicator’s decision on an adjudication application until the adjudicator’s fees and expenses are paid.

(8) Also, if a court finds that the adjudicator’s decision is void and unenforceable, the adjudicator is still entitled to be paid any fees or expenses for adjudicating the application if the adjudicator acted in good faith in adjudicating the application.

(9) In this section—

"adjudicating" , an adjudication application, includes accepting, considering and deciding the application.