Section 46(3) of the Construction Contracts Act 2004 (WA) operates as a privative clause excluding certiorari for error of law on the face of the record, but does not exclude certiorari for jurisdictional error or denial of procedural fairness. The statutory requirement to give reasons under s 36(d) is a jurisdictional prerequisite, but a challenge to the adequacy (as opposed to the existence) of reasons does not constitute arguable jurisdictional error. The interim character of adjudication determinations and the availability of alternative remedies through arbitration or litigation are significant factors in the exercise of discretion to refuse certiorari.
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