The tip of the iceberg: Jurisdiction of statutory construction adjudicators in Australia

Paying parties often rely up on jurisdictional objections as a delaying tactic, in order to “frustrate” adjudication process, which may undermine the attainment of the legislative intent of the Australian security of payment legislation. Encouraging adjudicators (who are not required to be legally trained) to determine questions relating to their jurisdiction is only the tip of the iceberg. This article explores, not only the hidden complexities associated with the jurisdiction of adjudicators, but also the unhealthy practices adopted by stakeholders as an inevitable result of lack of legislative direction and inconsistent case law on dealing with jurisdictional issues. Moving forward, the article proposes a roadmap with six identified hold points to address the problem towards necessary reform in the security of payment legislation.