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Investigating the factors influencing the quality of adjudication of complex payment disputes in Australia

Skaik, Samer, Coggins, Jeremy and Mills, Anthony 2015, Investigating the factors influencing the quality of adjudication of complex payment disputes in Australia, in ARCOM 2015: Proceedings of the 31st annual conference for the Association of Researchers in Construction Management, ARCOM, Reading, Eng., pp. 83-92.

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Title Investigating the factors influencing the quality of adjudication of complex payment disputes in Australia
Author(s) Skaik, SamerORCID iD for Skaik, Samer orcid.org/0000-0003-1047-3058
Coggins, Jeremy
Mills, AnthonyORCID iD for Mills, Anthony orcid.org/0000-0002-2223-1550
Conference name Annual Association of researchers in Construction Management. Conference (31st : 2015 : Lincoln, Eng.)
Conference location Lincoln, Eng.
Conference dates 7-9 Sep. 2015
Title of proceedings ARCOM 2015: Proceedings of the 31st annual conference for the Association of Researchers in Construction Management
Editor(s) Raiden, Ani
Aboagye-Nimo, Emmanuel
Publication date 2015
Start page 83
End page 92
Total pages 10
Publisher ARCOM
Place of publication Reading, Eng.
Keyword(s) adjudicators' determinations
complex payment disputes
security of payment
statutory adjudication
Summary Statutory adjudication has been enacted throughout Australia on a state-by-state basis. The original enacting legislation may be broadly divided into two models which have become known as the East Coast and West Coast models. The East Coast model adjudication scheme – which is operational in NSW, Victoria, Queensland, Tasmania, ACT and South Australia – has in recent times come under much criticism for failing to facilitate determinations of sufficient quality with respect to large and/or complex payment claims. By carrying out a thorough desktop study approach whereby evidence is garnered from three primary sources – government commissioned consultation papers, academic publications and judicial decisions – this paper reviews this criticism and therefrom distils the key factors influencing the quality of adjudication of large and/or complex claims in Australia.
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, ARCOM
Persistent URL http://hdl.handle.net/10536/DRO/DU:30081030

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