AustLII Tasmanian Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 (NO. 86 OF 2009) - SECT 24

Adjudication proceedings

(1)  An adjudicator is to determine an adjudication application as soon as practicable and, in any case –
(a) within –
(i) 10 business days after the date on which the adjudicator receives the adjudication response; or
(ii) if the respondent lodged a payment schedule in relation to the payment claim to which the application relates, 10 business days after the date by which the respondent may, under section 23 , lodge with the adjudicator an adjudication response; or
(iii) if the respondent did not lodge a payment schedule in relation to the payment claim to which the application relates, 10 business days after the date on which the adjudicator accepted the application under section 22(4) ; or
(b) within a further period, if any, agreed to by the claimant and the respondent.
(2)  In adjudication proceedings –
(a) an adjudicator may request further written submissions from a party to the proceedings; and
(b) if an adjudicator requests a party to make further written submissions, the adjudicator must give the other party an opportunity to comment on the submissions.
(3)  An adjudicator may specify periods in which submissions and comments may be made by parties to the adjudication proceedings.
(4)  An adjudicator may call a conference of the parties to adjudication proceedings and may invite to attend the conference those persons who, in the opinion of the adjudicator, have an interest in, or may assist in the consideration of, the matter to which the proceedings relate.
(5)  A conference is to be conducted informally and may not be attended by a legal representative of any party.
(6)  An adjudicator may carry out an inspection of any matter that relates to a payment claim to which the adjudication proceedings relate.



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