South Australian Numbered Acts South Australian Numbered Acts (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.
(2) 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.
(3) Subject to
subsections (1) and (2), an adjudicator is to determine an adjudication
application as expeditiously as possible and, in any case—
(a)
within 10 business days after—
(i)
the date on which an adjudication response is lodged with
the adjudicator; or
(ii)
if an adjudication response is not lodged with the
adjudicator on or before the last date on which the response may be lodged
with the adjudicator under section 20(1)—that date; or
(iii)
if the respondent is not entitled under section 20
to lodge an adjudication response—the date on which the respondent
receives a copy of the adjudication application; or
(b)
within any further time that the claimant and the respondent may agree.
(4) For the purposes
of 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.
(5) If any such
conference is called, it is to be conducted informally and the parties are not
entitled to legal representation.
(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 time or to comply
with the adjudicator's call for a conference of the parties.