Western Australian Current Acts Western Australian Current Acts (1) To apply to have a
payment dispute adjudicated, a party to the contract, within 90 business days
after the dispute arises or, if applicable, within the period provided for by
section 37(2)(b), must —
(a)
prepare a written application for adjudication; and
(b)
serve it on each other party to the contract; and
(c)
serve it —
(i)
if the parties to the contract have appointed a
registered adjudicator and that adjudicator consents, on the adjudicator;
(ii)
if the parties to the contract have appointed a
prescribed appointor, on that appointor;
(iii)
otherwise, on a prescribed appointor chosen by the party;
and
(d)
provide any deposit or security for the costs of the adjudication that the
adjudicator or the prescribed appointor requires under section 44(8) or (9).
(2) The application
—
(a) must
be prepared in accordance with, and contain the information prescribed by, the
regulations; and
(b) must
set out the details of, or have attached to it —
(i)
the construction contract involved or relevant extracts
of it; and
(ii)
any payment claim that has given rise to the payment
dispute;
and
(c) must
set out or have attached to it all the information, documentation and
submissions on which the party making it relies in the adjudication.
(3) A prescribed
appointor that is served with an application for adjudication made under
subsection (1) must comply with section 28.
[Section 26 amended: No. 55 of 2016 s. 8.]