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ARTICLE · 01 MARCH 2018

Residential Focus - 28 February 2018: Part 1 - Adjudication determinations

Holding Redlich
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The courts do not have jurisdiction to quash adjudication determinations for non-jurisdictional errors of law.

AustraliaReal Estate and Construction
Stefanie Dunnicliff (Formerly With Holding Redlich)
Stefanie Dunnicliff (Formerly With Holding Redlich)
Divya Chaddha
Divya Chaddha
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High Court rejects judicial review in the Probuild and Maxcon decisions - what does this mean in the residential space?

Probuild

The recent High Court decision in Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 (Probuild) has affirmed the position that had previously been understood to apply for many years in NSW, that judicial review of an adjudication determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) is available for jurisdictional error, but not for non-jurisdictional error of law on the face of the record.

This means that parties to adjudications in the residential space, such as owners corporations and developers, left discontent by erroneous adjudication determinations, will continue to have very limited options by way of challenge, remembering that the SOPA exemption for residential building work only carves out contracts with principals for work on premises on which the

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