Vic: Review Adjudication
The Act provides a limited right for the claimant or the respondent to apply for an adjudication review.
A review is not an opportunity for a party to present a new or different case or to raise new grounds.
The review by a senior 'review adjudicator' is only concerned with whether the first adjudicator mistakenly included or excluded an 'excluded amount' in the calculation of the amount of the progress payment.
'Excluded amounts' are unique to the Victorian Act - refer section 10 of the Act. Together with variation claims, they cause considerable confusion to many industry parties. Under menu item 'Start', we have provided a 'plain English' description.
Click here, for our description of excluded amounts and variation claims.
Grounds for Claimant to Make a Review Adjudication Application
A claimant may only make a review adjudication application if:
- the adjudicated amount exceeds $100,000 (section 28A); and
- the claimant claims that the adjudicator failed to take into account a relevant amount because the adjudicator wrongly decided that it was an 'excluded amount' [s.28C]; and
- the review adjudication application is received by Adjudicate Today no later than five (5) business days after the claimant received a copy of the adjudication determination; and
- the review application contains the claimant's submission in support of the application.
Each of the above is a pre-condition to a valid adjudication review application by the claimant.
Download a flowchart describing the adjudication review process
Download an adjudication review application by a claimant
Grounds for Respondent to Make a Review Adjudication Application
A respondent may only make an adjudication review application [s.28B] if:
- the adjudicated amount exceeds $100,000; and
- the respondent provided a payment schedule within 10 business days after receiving the payment claim or 2 business days after receiving the s.18(2) notice; and
- the respondent claims that the adjudicator wrongly included an excluded amount in the adjudicated amount; and
- in the payment schedule or the adjudication response, the respondent identified that excluded amount as an excluded amount; and
- the respondent has paid the claimant all the adjudicated amount except the alleged excluded amount; and
- the respondent has paid the alleged excluded amount into a designated trust account; and
- the respondent has given the claimant notice of that payment and particulars identifying the account and the recognised financial institution with which the account is kept; and
- the review adjudication application is received by Adjudicate Today no later than five (5) business days after the respondent received a copy of the adjudication determination; and
- the review application contains the respondent's submission in support of the application.
Each of the above is a pre-condition to a valid adjudication review application by the respondent.
Download a flowchart describing the adjudication review process
Download an adjudication review application by a respondent
General Requirements
An adjudication review application can only be made by a party within 5 business days after that party receives a copy of the adjudication determination. The application must be made to the ANA which nominated the adjudicator. That ANA will then appoint a review adjudicator. Adjudicate Today charges a review application fee as there are many onerous responsibilities in organising a review adjudication. The review adjudicator’s fee may be apportioned between the parties [s.45] including, at the determination of the adjudicator, the party who is unsuccessful paying the entire fee.
The applicant for a review must serve a copy of the review application on the other party within 1 business day after the application is lodged with the ANA. The application must include the applicant's arguments for a review. The other party has 3 business days in which to make submissions in reply to the review adjudicator. Download Review Defender Form in Response to Review Application The review adjudicator must deliver a decision within 5 business days after his or her appointment. The applicant for review can extend this by another 5 business days.
After the review determination is served on the parties they have 5 business days to pay the amount, if any, that the review adjudicator says must be paid. The determination could be that the claimant must repay so much of the amount paid by the respondent as the review adjudicator decides is an excluded amount. Either party can apply for an adjudication certificate [s.28Q].
Fee
The fee for Victorian Review Adjudication is $660 per hour (minimum 6 hours). There is no application fee.
Download "Claimant's Request for Review Adjudication Certificate" form
Download "Respondent's Request for Review Adjudication Certificate" form
Please move to the next step on the Victoria flowchart being "Respondent must pay any adjudicated amount either within 5 business days of service of the Determination on the Respondent or by Due Date of Payment, whichever is the later".
