Construction Contracts (Former Provisions) Act 2004

For the purposes of this section the costs of an adjudication are —

the entitlements of the appointed adjudicator under subsection (2); and

the costs of any testing done, or of any expert engaged, under section 32(2)(c).

If an appointed adjudicator, within the prescribed time in section 31(2), dismisses an application for adjudication or makes a determination of the dispute, he or she is entitled —

to be paid for his or her work —

at a rate agreed between the adjudicator and the parties that is not more than the maximum rate, if any, prescribed by the regulations; or

if a rate was not agreed, at the rate published under section 51 in respect of the adjudicator;

to be reimbursed any expenses reasonably incurred in connection with that work.

An appointed adjudicator who is disqualified under section 29 has the entitlements in subsection (2) in respect of any adjudication work done before the disqualification is notified to the parties.

Despite subsection (2), an appointed adjudicator may refuse to communicate his or her decision or determination under section 31(2) or 34(2) or subsection (10) until he or she has been paid and reimbursed in accordance with subsection (2).

The parties involved in a payment dispute are jointly and severally liable to pay the costs of an adjudication of the dispute.

As between themselves, the parties involved in a dispute are liable to pay the costs of an adjudication of the dispute in equal shares.

Subsections (5) and (6) do not prevent a decision being made under section 34(2).

An appointed adjudicator may at any time require one or more parties to provide a reasonable deposit, or reasonable security, for the, or any anticipated costs of the adjudication.

A prescribed appointor, before appointing an adjudicator, may require the applicant for adjudication to provide a deposit, or reasonable security, for the, or any anticipated costs of the adjudication.

If a party involved in a dispute has paid more than the party’s share of the costs of an adjudication of the dispute, having regard to subsection (6), the appointed adjudicator may decide that another party must pay to the first‑mentioned party such amount of the costs as would result in all the parties paying an equal amount of the costs.

If an appointed adjudicator makes a decision under subsection (10) —

the adjudicator must include in the decision the date on which the amount is payable; and

Divisions 4 and 5, with any necessary changes, apply to the decision as if it were a determination of an appointed adjudicator.

An appointed adjudicator may recover the costs of an adjudication from a person liable to pay the costs in a court of competent jurisdiction as if the costs were a debt due to the adjudicator.