The adjudication determination process
Once the adjudicator has been appointed and received an application and the response (if permitted), the adjudicator has 10 business days to assess the application and make a determination.
A determination is legally binding however does not remove your right to litigate at a later stage.
There are limited circumstances where you may be able to apply for review adjudication. Circumstances include:
- Where the difference between the claimed amount and the (lesser) adjudicated amount is $200,000 (inlcuding GST) or more.
- Where the adjudicator decided they did not have jurisdiction to determine the application and the amount exceeds $50,000 (inlcuding GST).
- Where the difference between the scheduled amount and the (greater) adjudicated amount is $200,000 (inlcuding GST) or more.
It is important to note that if eligible, applications made for review adjudication must be made within 5 business days of the determination being made.
You can find further information about how the adjudicator makes a determination, review adjudication and enforcement in the following video and factsheet.
To enforce a determination as a monetary judgement, a certified copy of the determination will need to be obtained from Building and Energy by emailing: determinations@DMIRS.wa.gov.au.