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Feb 2006 The new amending bill has been read twice in Parliament, and is expected to be passed soon. The amended Act will incorporate the following key reforms: à Successful claimants can get quick judgments in the Courts without being delayed by defences or set-offs à Respondents cannot provide security instead of payment à Variations may also be claimed
For full details, see the Users’ Guide to Adjudication in Victoria published by ANSTAT— or tel ANSTAT on 9278 1144
July 2005 The Victorian County Court refused summary judgment because the claimant failed to follow the proper procedure to have an adjudicator appointed—and the adjudicator persisted in judging the claim, even though he had not been properly appointed. The result was the claimant wasted thousands of dollars on the adjudicator's fees, for no result: see Shelford Engineering and Construction Pty Ltd v Rescom Constructions Pty Ltd [2005] VCC 361. It is vital to follow the Act otherwise legal technicalities will get in the way.
Nov 2004 The NSW case of Brodyn Pty Ltd v Phillip Davenport & Anor [2004] NSWCA 394 sets out the grounds upon which a Respondent may challenge an adjudication in the Courts. The grounds include a lack of good faith by the adjudicator. In Brodyn the adjudicator made so many legal errors that the Court ruled the adjudication invalid.
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The cases from NSW are full of stories where claimants or adjudicators have made mistakes—with terrible results |
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Phone: 9225 7326 Fax: 9600 2199
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