The right to be wrong – the ability to review Adjudicator determinations

WHO SHOULD READ THIS

• All participants in the construction industry.

THINGS YOU NEED TO KNOW

• The High Court has confirmed that Adjudicators' determinations are not reviewable for mere error of law.

WHAT YOU NEED TO DO

• Parties to an adjudication dispute should consider the grounds on which any determination may be reviewable.

Under tight time pressures to decide often complex matters, Adjudicators appointed to determine an adjudication application under Security of Payment legislation may make mistakes. When the Adjudicator makes an error of law, are the parties to the determination able to have it set aside?

This was the question confronted by the High Court in two recent cases, Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 (Probuild) and Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5 (Maxcon).