Towards diminishing judicial intervention in statutory adjudication: a pragmatic proposal

Skaik, Samer, Coggins, Jeremy and Mills, Anthony 2016, Towards diminishing judicial intervention in statutory adjudication: a pragmatic proposal, Construction law journal, vol. 32, no. 6, pp. 659-675.

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Title Towards diminishing judicial intervention in statutory adjudication: a pragmatic proposal
Author(s) Skaik, SamerORCID iD for Skaik, Samer
Coggins, Jeremy
Mills, AnthonyORCID iD for Mills, Anthony
Journal name Construction law journal
Volume number 32
Issue number 6
Start page 659
End page 675
Total pages 16
Publisher Sweet & Maxwell
Place of publication London, Eng.
Publication date 2016
ISSN 0267-2359
Keyword(s) Australia
challenges to jurisdiction
construction industry
statutory adjudication
Summary Statutory adjudication was introduced into the Security of Payment (SOP) legislation as a fast-track payment dispute resolution process aiming to achieve the object of the legislation to facilitate cash flow within the construction contractual chain. As such, adjudication determinations were usually released and enforced on a "pay now, argue later" 1 basis in order to protect a vulnerable class of smaller businesses within the building and construction industry. The SOP legislation was extremely successful in attaining the stated object in the context of small adjudicated payment claims where both parties used to comply with the adjudication determination.
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, Sweet & Maxwell
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