The big picture: causes of compromised outcome of complex statutory adjudications in Australia

Skaik, Samer, Coggins, Jeremy and Mills, Anthony 2016, The big picture: causes of compromised outcome of complex statutory adjudications in Australia, International construction law review, vol. 33, no. Part 2, pp. 123-147.

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Title The big picture: causes of compromised outcome of complex statutory adjudications in Australia
Author(s) Skaik, SamerORCID iD for Skaik, Samer
Coggins, Jeremy
Mills, AnthonyORCID iD for Mills, Anthony
Journal name International construction law review
Volume number 33
Issue number Part 2
Start page 123
End page 147
Total pages 25
Publisher Informa Business Intelligence
Place of publication London, Eng.
Publication date 2016-04
ISSN 0265-1416
Keyword(s) adjudication decision
adjudication quality
complex adjudication
review mechanism
statutory adjudication
Summary Statutory adjudication has been enacted progressively throughout Australia on a stat-by-state basis over a period of 10 years. The legislation with more emphasis on the Eastern States has come under much criticism recently for failing to facilitate decisions of sufficient quality with respect to complex adjudications. This paper reviews this criticism and discusses the key causes of the unsatisfactory outcome of complex adjudications in Australia. The identified causes are namely flawed appointment, relaxed eligibility and regulation, intimidation of adjudicators, fuzzy jurisdictional boundaries, abbreviated timeframes, limited inquisitorial powers and want of review mechanism. The implication of the research is a better understanding of the nature of the quality of complex adjudication outcome and the relevant worthwhile reform opportunities in Australia, especially with regard to introducing legislative review mechanisms.
Language eng
Field of Research 180123 Litigation, Adjudication and Dispute Resolution
120299 Building not elsewhere classified
Socio Economic Objective 970112 Expanding Knowledge in Built Environment and Design
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, Informa
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