WA: Review Adjudication

This section provides guidance to claimants and respondents who have received an adjudication application and wish to have it reviewed by a senior review adjudicator.

Clause 39 of the WA Act introduces an adjudication review mechanism. Reviews are conducted by a senior review adjudicator on the application of the claimant or respondent.

An application must be made within 5 business days of receiving the original adjudication determination. The review is to provide an alternative remedy for an aggrieved party outside of curial proceedings.

A claimant may make an application for a review of an adjudicator’s determination if either:

1. the difference between the claimed amount and the adjudicated amount is $200,000 (incl. GST) or more; or
2. the adjudicator decided that they did not have jurisdiction to determine the application and the claimed amount had exceeded $50,000 (incl. GST).

If, however, the respondent has already made an application and that application has not been withdrawn, the claimant cannot make its own application for a review adjudication.

A respondent may make an application for a review of an adjudicator’s determination if:

1. it gave the claimant both a payment schedule and an adjudication response within the time allowed under the Act; and
2. the adjudicated amount is $200,000 (incl. GST) or more than the scheduled amount; and
3. the claimant had not already applied for a review of the adjudicator’s determination (or, if the claimant has already applied, the claimant has withdrawn its application).

A respondent cannot make an application for adjudication review challenging a decision that the adjudicator had jurisdiction to determine an adjudication application.

Further, a respondent cannot make an application for adjudication review unless the respondent has:

1. paid to the claimant any part of the adjudicated amount that the respondent does not dispute; and
2. paid the adjudicated amount (or part) that is disputed into a trust account with a recognised financial institution:
   • established by the respondent; or
   • established by the authorised nominating authority to which the application was made; and
3. given the claimant written notice of the payment into the trust account, together with information that identifies the trust account.

Fee

The fee for Western Australian Review Adjudication is $660 per hour (minimum 6 hours). There is no application fee.

If you are a claimant making an application for adjudication review, click here.

If you are a respondent making an application for adjudication review, click here.

If you are giving an adjudication review response, click here.

Return to flowchart