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Groundhog Day: When will the court remit an adjudication application? - Feb 2019

So, you have successfully argued that an adjudicator acting under Security of Payment legislation failed to undertake the task required and, therefore, their determination has been quashed. But now what? Is the adjudication determination at an end or will it be remitted back to the adjudicator so they can correct errors in it and issue a determination?

Partner, Tim Coleman and Law Graduate, Emer Sheridan, discuss the circumstances in which a quashed adjudication determination will, or will not, be handed back to an adjudicator.

Quality Control: Adjudicators must provide adequate reasons - Feb 2019

The Nuance Group (Australia) Pty Limited v SHAPE Australia Pty Limited [2018] VSC 362 re-affirms that an adjudication determination will be quashed if the adjudicator fails to provide adequate reasons for their determination.

Partner, Tim Coleman and Law Graduate, Emer Sheridan, review the decision and discuss the circumstances in which a determination can be overturned.

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