How Two Recent Cases May Change Adjudications in Western Australia

    View Author May 2020

    Two recent decisions of the Supreme Court of Western Australia in Salini-Impregilo S.P.A. v Francis [2020] WASC 72 (Salini) and Sandvik Mining and Construction Australia Pty Ltd v Fisher [No 2] [2020] WASC 123 (Sandvik) could significantly alter the process of adjudication under the Construction Contracts Act 2004 (WA).

    The Court in Salini, clarified the meaning of “simultaneous adjudication”, narrowed the definition of an adjudicator’s “determination” and applied a limited form of issue estoppel in adjudications in Western Australia. The decision in Sandvik confirmed that it is possible to bring two or more applications for adjudication for different line items within the same progress claim.