NT Decision Confirms Importance of Parties to Address all Potential Consequences in Adjudication

    View Authors July 2018

    A recent case relating to the Ichthys LNG Project in the Northern Territory confirms that there are very narrow grounds that exist in finding that a party has been denied procedural fairness, as part of the adjudication process.

    Even if the parties in dispute agree on a specific matter, this will not prevent an adjudicator from exercising independent thought and reaching an alternative conclusion.

    Therefore, submissions by the parties involved should contemplate any eventualities that are adverse to a party, particularly if foreshadowed by an adjudicator.