Topic 6: The 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.
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