Western Australian Current Acts

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2021 - SECT 30

30 .         Requirements relating to adjudication application

        (1)         An adjudication application —

            (a)         must be made in writing and be in the approved form (if any); and

            (b)         must identify the payment claim and the payment schedule (if any) to which it relates; and

            (c)         must be accompanied by a copy of the construction contract or of the relevant provisions of the construction contract; and

            (d)         if made to an authorised nominating authority — must be accompanied by the application fee (if any) determined by that authority; and

            (e)         may contain submissions relevant to the application that the claimant chooses to include.

        (2)         The claimant must give a copy of the adjudication application (and of any accompanying documents) to the respondent within 1 business day after the application is made.

        (3)         The regulations may prescribe the maximum application fee that an authorised nominating authority may determine under this section (including different maximum amounts depending on the amount of the payment claim or on other specified factors).

        Note for this section:

                Under Division 4 the authorised nominating authority or adjudicator may require the payment of a deposit or security for the estimated adjudication fees and expenses of the adjudicator.