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BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 97
Withdrawing from adjudication
97 Withdrawing from adjudication
(1) An adjudication application— (a) is withdrawn if the claimant has given
a written notice of discontinuation to the adjudicator and respondent; or
(b)
is taken to have been withdrawn if the respondent has, before an adjudicator
has decided the application, paid the claimant the amount stated in the
payment claim the subject of the adjudication application.
Note— Despite
the withdrawal of an adjudication application an adjudicator is still entitled
to be paid fees for considering the application, see section 95 .
(2) If
subsection (1) (b) applies, the claimant must as soon as practicable inform
the adjudicator and the respondent that the adjudication application has been
withdrawn because of payment.
(3) As soon as practicable after an
adjudication application is withdrawn, the claimant must inform the registrar
that the application has been withdrawn and whether it was withdrawn as
mentioned in subsection (1) (a) or (b) . Penalty— Maximum penalty—20
penalty units.
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