Section 15: Can the adjudicator’s decision be appealed?
An adjudicator’s determination is binding on the parties and appeal rights are very limited.
The Act provides a right to apply to the State Administrative Tribunal only where the adjudicator dismissed the application for adjudication without making a determination of the dispute. The adjudicator can only dismiss the dispute if:
- the contract is not a construction contract;
- the application has not been prepared and served as required;
- a finding has already been made (for example by a court decision or arbitration award); or
- the matter is too complex and there is insufficient time to make a determination.
A limited right of appeal to the Supreme Court is also available. It is limited to only jurisdiction grounds (such as the adjudicator did not have the power to make the determination) and not the merits of the decision.
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