High Court Confirms Limited Scope of Review From Adjudicator Determinations

    View Authors March 2018

    Two recent decisions heard in the High Court of Australia – Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 and Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5) – provide certainty as to when Australian courts may overturn an adjudication determination for non-jurisdictional errors of law, in the context of security of payments.

    Although these cases involved the security of payment legislation in South Australia, under the Building and Construction Industry Security of Payment Act 2009 (SA) (SA Act), and New South Wales, under the Building and Construction Industry Security of Payment Act 1999 (NSW) (NSW Act), the decisions confirm the Western Australian position under the Construction Contracts Act 2004 (WA), in that there is no right to appeal an adjudicator’s determination, save for review by the State Administrative Tribunal on the basis of procedural or other nominated grounds.