21    Adjudication procedures

(1)  An adjudicator is not to determine an adjudication application until after the end of the period within which the respondent may lodge an adjudication response.

(2)  An adjudicator is not to consider an adjudication response unless it was made before the end of the period within which the respondent may lodge such a response.

(3)  Subject to subsections (1) and (2), an adjudicator is to determine an adjudication application as expeditiously as possible and, in any case:

(a)   within 10 business days after the date on which the adjudicator notified the claimant and the respondent as to his or her acceptance of the application, or

(b)  within such further time as the claimant and the respondent may agree.

(4)  For the purposes of any proceedings conducted to determine an adjudication application, an adjudicator:

(a)   may request further written submissions from either party and must give the other party an opportunity to comment on those submissions, and

(b)  may set deadlines for further submissions and comments by the parties, and

(c)   may call a conference of the parties, and

(d)  may carry out an inspection of any matter to which the claim relates.

(4A)  If any such conference is called, it is to be conducted informally and the parties are not entitled to any legal representation.

(5)  The adjudicator's power to determine an adjudication application is not affected by the failure of either or both of the parties to make a submission or comment within time or to comply with the adjudicator's call for a conference of the parties.

Shellbridge Pty Ltd v Rider Hunt Sydney Pty Ltd [2005] NSWSC 1152 (14 November 2005): Barrett J
KEY ISSUES: duty of adjudicator to consider submissions as incident of measure of natural justice required by the Act - whether duty discharged.

Parist Holdings Pty Ltd v WT Partnership Australia Pty Ltd [2003] NSWSC 365 (5 May 2003): Nicholas J
KEY ISSUES: whether adjudicator acted ultra vires in adjudication and determination – whether adjudicator’s determination a nullity – whether payment claim is foundation of jurisdiction of adjudicator

Musico &Ors v Davenport &Ors [2003] NSWSC 977 (31 October 2003): McDougall J
KEY ISSUES: whether the determination of an adjudicator under the Act is open to judicial review and upon what grounds – whether there were errors of law, jurisdictional errors or denial of natural justice – whether discretionary reasons for refusal of relief

Brodyn Pty Limited t/as Time Cost and Quality (ACN 001 998 830) v Philip Davenport &Ors [2003] NSWSC 1019 (6 November 2003) : Einstein J
KEY ISSUES: whether, and if so to what extent, judicial review of adjudications is available

Multiplex Constructions Pty Ltd v Luikens and Anor [2003] NSWSC 1140 (4 December 2003): Palmer J
KEY ISSUES: whether the determination of an adjudicator is open to judicial review – whether an adjudication may be reviewed for error law on the face of the record – what must be disclosed by a payment schedule – whether adjudicator must assess value by inspection - whether whole determination must be quashed

MPM Constructions v Trepcha Constructions [2004] NSWSC 103 (18 February 2004) : McDougall J
KEY ISSUES: whether adjudication determination made out of time invalid

Transgrid v Siemens &Anor [2004] NSWSC 87 (25 February 2004) : Master Macready
KEY ISSUES: whether the determination of an adjudicator under the Act is open to judicial review – whether an adjudicator can exercise the powers of a certifier under the construction contract