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A proposed roadmap to optimise the adjudication of complex payment disputes in Australia

Skaik, Samer, Coggins, Jeremy and Mills, Anthony 2015, A proposed roadmap to optimise the 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. 93-102.

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Title A proposed roadmap to optimise the 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 93
End page 102
Total pages 10
Publisher ARCOM
Place of publication Reading, Eng.
Keyword(s) adjudicators' decision
complex disputes
large claims
security of payment
statutory adjudication
Summary In Australia, statutory construction adjudication has recently received a lot of criticism due to the increasing amount of determinations that have been quashed upon judicial review, and anecdotal evidence from some quarters showing dissatisfaction with the quality of adjudication decisions. Such criticism is particularly aimed at adjudications of large and technically and legally complex payment disputes, where adjudicators are under pressure to consider substantial volumes of submissions in very tight timeframes. More specifically, criticisms have been directed at, inter alia, adjudicator’s regulations, procedural fairness, jurisdictional powers and finality of decisions. This paper reviews the measures to improve the quality of adjudications of complex payment disputes then proposes a roadmap by selecting the Qld model as a benchmark but suggesting further improvements identified and explained via specific steps or pit stops. The pit stops include criteria for timeframes of complex claims, appointment, regulation and powers of adjudicators and a review system on the merits to control the quality of adjudication decisions replicating the Singapore model. The findings remain as blunt instruments and deemed as hypotheses to inform subsequent empirical research which the authors are currently undertaking to further investigate, strengthen and validate the findings of this study in order to propose a reliable and useful guide to any parliament seeking to optimise its statutory adjudication to effectively deal with complex payment disputes.
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:30081034

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