Prescribed appointors' responsibilities

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Practice directions

Confidentiality

A prescribed appointor must keep confidential the identities of the parties to the adjudication.

Conflict of interest

A prescribed appointor must ensure the adjudicator does not have a conflict of interest. This should be confirmed prior to appointing an adjudicator. If a conflict of interest exists, the prescribed appointor should seek another adjudicator.

Fees

Setting fees

Prescribed appointors may set their own fees. The fees to be charged must be notified to the Building Commissioner and will be published on the Building Commission's website and related publications. A prescribed appointor should ensure that fees to be charged are readily available to the public through the prescribed appointor's own publications.

Collecting fees

A prescribed appointor may require a deposit against the likely fees before arranging an appointment.

Responsibility to update contact details

Prescribed appointors must ensure that the Building Commissioner is kept informed of changes to their contact details so that service of requisite documents can be effected and parties to a payment dispute have their legal rights preserved ie that the strict time frames in the Act are met.

Reporting requirements

All documents required under these reporting requirements are to be emailed to the Building Commissioner at cca@dmirs.wa.gov.au in Microsoft Word 97 format or equivalent.

Notification of receipt of application for adjudication

Following receipt of an Application for adjudication – Form 2 a prescribed appointor must, within one working day of receiving the application for adjudication, provide to the Building Commissioner the:

  • names of the parties;
  • date from which the adjudication process starts; and
  • name of the adjudicator (if appointed).

The prescribed appointor is to notify the Building Commissioner immediately of an adjudicator being appointed.

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