The High Court in the coming weeks will decide the question of
whether adjudicators decisions are open for review (i.e. appeal to
a Court) for errors of law on the face of the record. Such errors
include where the reasons to support a decision are either absent,
or fundamentally contrary to accepted principles of law.
Historically, it has been widely accepted across Australia that
these types of errors are not reviewable by a Court, and
adjudication decisions can only be reviewed for jurisdictional
error (i.e. errors concerning the foundation and scope of an
adjudicator's statutory duty).
Security of payment legislation across Australia aims to drive
fast-track debt recovery of progress payments for construction work
– primarily to protect the flow of cash into the hands of
contractors and subcontractors, the lifeblood of the industry. This
is necessary for a healthy industry. However, the mechanics of
security of payment legislation in the various
