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

journal contribution
posted on 10.05.2018, 00:00 by Samer Skaik, J Coggins, A Mills
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.

History

Volume

33

Issue

2

Start Page

123

End Page

147

Number of Pages

25

eISSN

0267-2359

ISSN

0265-1416

Publisher

Informa Business Intelligence

Peer Reviewed

Yes

Open Access

No

External Author Affiliations

Deakin University

Era Eligible

Yes

Journal

International Construction Law Review

Exports