Able Adjudication

The Adjudicator Course to be held in Adelaide, South Australia is now confirmed for 28-29 February 2012. Flyers and application forms can be downloaded from here.

Additionally there has been interest in the Adjudication Essentials Course in South Australia for those not wanting to be an adjudicator but wants to understand and gain more indepth knowledge of the mechanics of the Security of Payment legislations. A tentative date of 1 March 2012 has been set aside if there is enough interest. If not, then a later date will be sourced.
Flyers and application forms can be downloaded from here.

Able Adjudication has been authorised as an Authorised Nominating Authority (ANA) under the South Australian Building and Construction Industry Security of Payment Act 2009 (the Act) as from Friday 13th January 2012.  As such we are able to accept adjudication applications from Claimants making claims under the Act.

We intend holding an adjudicator course in late February 2012 to find and train high quality local adjudicators to assist us process adjudication in South Australia.  Expressions of interest can be emailed to us but you need to be quick.

A link to the relevant South Australian Government website can be accessed here.

The South Australian Building and Construction Industry Security of Payment Act 2009 (the Act) will commence in December 2011 which is very closely modelled on legislation currently operating in NSW, Qld, Victoria, ACT and Tasmania.
Able Adjudication is an authorised nominating authority (ANA) in NSW, ACT and QLD and intends to apply to become a nominating authority in South Australia and reasonably expects to be authorised.  This means we are seeking expression of interest (EOI) from persons in South Australia who may wish to:

• Gain, on the ground practical knowledge in the operations of the Act for themselves, their companies, their clients or other associates;
• Become a registered adjudicator in South Australia

Initially we are seeking industry participants who wish to make EOI’s to attend any of the intensive courses we currently have on our tentative draft list of courses including “Adjudication Essentials” and “Adjudicator Training”. Course descriptions and potential course dates can be found on our Training and Promotion page noting that Able Adjudication has the sole discretion to activate or cancel any course listed.

The NSW Government has made amendments to the Building and Construction Industry Security of Payment Act 1999 (the Act) to allow subcontractors to seek to freeze payments to non-paying contractors. These amendments commence on Monday 28 February 2011.

If a subcontractor applies for adjudication under the Act, they will now also be able to issue a payment withholding request to a principal contractor. As a result of that notification, the principal contractor is required to retain the amount of the claim from any money owed to the respondent (the contractor the payment claim has been made against).

To find out more about the NSW Government Circular and necessary forms to use click here

Able Adjudication is always exploring ways to provide sound decisions from highly qualified adjudicators at value for money prices.

Our adjudicators have united with us to commit to provide just that and as such a new fee structure has been developed for release as from Thursday 24 February 2011.

This marks our 2nd anniversary as a registered ANA in Australia and the new fee structure can be found by clicking on this link

Able Adjudication held a workshop in Hobart on Thursday 4 November 2010 for industry participants who are, or wish to be, adjudicators under the Tasmanian Security of Payment Legislation. Just another example of Able Adjudication’s commitment to the Tasmanian building and construction industry.

Anyone from Tasmania are welcome to ring our office to have a chat about Security of Payment adjudication and how it may affect them, their business or their clients.

Able Adjudication was very fortunate to be invited to attend and provide presentations in North Queensland on the role of the authorised nominating authority in adjudication under the Building and Construction Industry Payments Act 2004 (BCIPA).

The presentations took place at Mackay, Townsville and Cairns on the 27th, 28th & 29th of October 2010 and has confirmed our goal to provide a more local presence in the future to help the building and construction industry in North Queensland resolve their payment disputes through adjudication.

Adjudication Gift Shop!! Thought that might grab you. Security of Payment legislation is designed for self help but there are many people willing to help you with your progess payment for a price.

So we have uploaded a whole bunch of free material which will help you work through the maze of securing payment under the various legislations and if you do need help then the cost of investigative work can be significantly reduced.

Most of the information is in the public domain but we thought a one-stop shop would assist the industry help itself saving time and money.

Things like on-line searches, legislation and sample proformas could be beneficial and can be accessed by clicking this link hereor by contacting us.

NSW practitioners should note that commencing on 1 July 2010, the interest rate under s101 of the Civil Procedure Act 2005 (NSW) has changed.  This is to bring the rate of interest into line with other States.

Under s11(2)(a) of the Building and Construction Industry Security of Payment Act 1999 (NSW) the prescribed rate under s101 of the Civil Procedure Act 2005 in respect of periods on and after 1 July 2010 is now:

(a)  in respect of the period from 1 January to 30 June in any year-the rate that is 6% above the cash rate last published by the Reserve Bank of Australia before that period commenced, and

(b)  in respect of the period from 1 July to 31 December in any year-the rate that is 6% above the cash rate last published by the Reserve Bank of Australia before that period commenced.

The Bar Association link for more information can be found here.