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BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 96

Deciding fees payable by claimant and respondent

96 Deciding fees payable by claimant and respondent

(1) When making a decision about an adjudication application, an adjudicator may also decide the following—
(a) the proportion of the adjudicator’s fees and expenses to be paid by the claimant and respondent;
(b) the proportion of the fee, payable for the adjudication application under section 79 (2) (d) , for which the respondent is to reimburse the claimant.
(2) In making the decision, the adjudicator—
(a) must consider the conduct of the claimant and respondent; and
(b) may consider any of the following matters—
(i) the relative success of the claimant or respondent in the adjudication;
(ii) whether the claimant or respondent commenced or participated in the adjudication for an improper purpose;
(iii) whether the claimant or respondent commenced or participated in the adjudication without reasonable prospects of success;
(iv) the reasons given by the respondent for not making the progress payment the subject of the adjudication application;
(v) whether an adjudication application is withdrawn;
(vi) the services provided by the adjudicator in adjudicating the adjudication application, including the amount of time taken to consider discrete aspects of the amount claimed;
(vii) another matter the adjudicator considers relevant in making the decision.
(3) In this section—

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

"conduct" , of the claimant and respondent, includes—
(a) whether the claimant or respondent has acted unreasonably leading up to, or during, the adjudication; or
(b) whether the respondent attempted to include new reasons in an adjudication response in contravention of section 82 (4) .

"new reasons" see section 82 (4) .



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