VIC: Review Adjudication

The circumstances in which a party can 'appeal' an adjudicator's determination are very limited.

The Victorian Act provides a limited right for the claimant or the respondent to apply for an adjudication review. This is a decision by a second adjudicator (a review adjudicator). The review 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. It is not an opportunity for a party to present a new or different case or to raise new grounds. 'Excluded amounts' are defined in s.10B of the Act. See also "Variation Claims and Excluded Amounts".

Download a flowchart describing the adjudication review process

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 application is accompanied by the Adjudicate Today review application fee.

Each of the above is a pre-condition to a valid adjudication review application by the claimant.

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 application is accompanied by the Adjudicate Today review application fee.

Each of the above is a pre-condition to a valid adjudication review application by the respondent.

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 nominate a review adjudicator. Adjudicate Today's current adjudication review application fee is $2,200 including GST. The ANA has many onerous responsibilities in organising a review adjudication. The review adjudicator is entitled to charge a fee and to apportion the fee as between the parties [s.45]. Presumably the party who is unsuccessful in the review will be made liable to pay the 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. 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].

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 Victorian flowchart being "Respondent must pay any adjudicated amount either within 5 business days of service of the determination or by Due Date of Payment, whichever is the later".

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