Adjudication

Adjudication is a contractual or statutory procedure for swift interim dispute resolution. It is provided by a third party adjudicator selected by the parties in dispute. Based on written information received from both parties, the whole process can take up to 28 days and the decisions are binding but can be subject to further dispute process if a notice of dissatisfaction is lodged. The notice of adjudication informs the other party that a dispute is to be referred to adjudication. The referring party must draft the notice of adjudication carefully, as the notice determines the scope of the matters that can be dealt with in the adjudication.

The adjudicator must then be appointed and the dispute referred to the adjudicator within seven days of service of the notice of adjudication. If the referring party fails to do this, it could lead to a successful challenge to the adjudicator’s jurisdiction and the adjudicator’s decision might not be enforced.

The referring party sets out its case in the referral notice. It should be drafted carefully as it may be the referring party’s only opportunity to make submissions to the adjudicator. It is good practice to prepare the referral notice at the same time as the notice of adjudication.

The referring party must serve the referral notice on the adjudicator and the responding party within seven days of the notice of adjudication.

I have experience in the preparation of adjudication applications and the defense of claims in both the United Kingdom and Australian jurisdictions. I am a practicing adjudicator in Queensland having adjudicated some thirty adjudication claims