How should adjudicators deal with expert reports in Australia?

Skaik, Samer, Coggins, Jeremy and Mills, Anthony 2015, How should adjudicators deal with expert reports in Australia?, in RICS COBRA AUBEA 2015: Proceedings of the 2015 Annual RICS International Research Conference, Royal Institution of Chartered Surveyors (RICS), London, Eng., pp. 1-9.

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Title How should adjudicators deal with expert reports in Australia?
Author(s) Skaik, SamerORCID iD for Skaik, Samer orcid.org/0000-0003-1047-3058
Coggins, Jeremy
Mills, Anthony
Conference name Annual RICS International Research Conference (2015 : Sydney, N.S.W.)
Conference location Sydney, N.S.W.
Conference dates 8-10 Jul. 2015
Title of proceedings RICS COBRA AUBEA 2015: Proceedings of the 2015 Annual RICS International Research Conference
Publication date 2015
Start page 1
End page 9
Total pages 9
Publisher Royal Institution of Chartered Surveyors (RICS)
Place of publication London, Eng.
Keyword(s) adjudication, expert witness, natural justice, security of payment legislation.
Summary Since its introduction in to Australia fifteen years ago, statutory adjudication has become increasingly used by parties seeking to recover payment claims which are large in amount and technically and legally complex in nature. This has inevitably led to the formalisation of the adjudication process with parties often submitting, amongst other documents, expert witness reports to support their arguments. The increase in documentation that an adjudicator must consider poses a threat to the integrity of the adjudicator’s determination. This paper adopts a ‘black letter’ approach to distil the law concerning the way in which adjudicators should deal with expert reports, and reveals there are many pitfalls that an adjudicator should be aware of. Moving forward, this paper seeks to inform the PhD study of the lead author which eventually aims to formulate a roadmap with recommendations that may be applied to help optimise the various Australian adjudication schemes for the determination of large and/or complex payment claims.
ISBN 9781783210718
Language eng
Field of Research 180123 Litigation, Adjudication and Dispute Resolution
Socio Economic Objective 940405 Law Reform
HERDC Research category E1 Full written paper - refereed
ERA Research output type E Conference publication
Copyright notice ©2015, RICS
Persistent URL http://hdl.handle.net/10536/DRO/DU:30079579

Document type: Conference Paper
Collection: School of Architecture and Built Environment
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