ABSTRACT

The West Coast model is adopted by Western Australia and the Northern Territory, with some differences as between the several jurisdictions. The most important recommendation was for legislation for a construction trust, similar to that in many Canadian Provinces and States in the United States. As in the case of other Australian legislation, the Security of Payment Act identifies its object, and is able to recover, progress payments in relation to the carrying out of that work and the supplying of the goods and services. The legislation aimed to provide a statutory right to ensure security of payment in the building and construction industry introducing a rapid statutory adjudication process to resolve payments disputes. The East Coast model creates a "dual payment system", which creates a statutory payment system alongside any contractual payment regime. Similar to the East Coast model, the West Coast model provides for an interim payment regime, leading to a rapid adjudication process.