ABSTRACT

The manner in which the payment dispute is crystallised under the West Coast Model is entirely different from the approach under the East Coast Model. The Western Australia (WA) Act as a West Coast model statute introduced substantial differences compared to the East Coast model statutes; the WA Act shares a similar objective of ensuring the smooth cash flow within the construction contractual chain. The WA Act requires adjudicators to comply with the principles set out in the Code of Conduct and Practice Guidelines for Adjudicators. The scope of judicial review of adjudicator's determinations upon grounds related to jurisdictional errors is very limited, since courts consider the role of adjudicators to be more analogous to that of an inferior court, rather than an administrative tribunal. Unlike the situation in WA, adjudicators' determinations are published in the public domain, while the names and other privacy information and any commercially sensitive data have been removed from the determinations.