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