South Australian Numbered Acts

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 (NO 77 OF 2009) - SECT 30

30—Adjudicator's fees

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

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

            (b)         if no such amount is agreed—the hourly rate (if any) prescribed by regulation in addition to reasonable expenses; or

            (c)         if no such amount is agreed and no hourly rate has been prescribed—such amount, by way of fees and expenses, as is reasonable having regard to the work done and expenses incurred by the adjudicator.

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

        (3)         The claimant and respondent are each liable to contribute to the payment of the adjudicator’s fees and expenses in equal proportions or in such proportions as the adjudicator may determine.

        (4)         An adjudicator is not entitled to be paid fees or expenses in connection with the adjudication of an adjudication application if he or she fails to make a decision on the application (otherwise than because the application is withdrawn or the dispute between the claimant and respondent is resolved) within the time allowed by section 21(3).

        (5)         Subsection (4) does not apply—

            (a)         in circumstances in which an adjudicator refuses to communicate his or her decision on an adjudication application until his or her fees and expenses are paid; or

            (b)         in such other circumstances as may be prescribed for the purposes of this section.