What is adjudication?

Adjudication is a formal dispute resolution process governed by specific provisions of the Body Corporate and Community Management Act 1997 (QLD), in which two or more parties refer their dispute to an independent third person (the adjudicator) for determination.

Adjudication generally offers a more informal, speedy and inexpensive resolution of disputes than arbitration or litigation.

The legislation governing body corporate adjudication includes provisions for the appointment of an Adjudicator, this typically involves the existence of a dispute as defined in the legislation, the agreement of the parties to have the dispute adjudicated and the lodgement of an application for the resolution of the dispute with the Body Corporate Commissioner – the legislation provides that the applicant(s) may request a particular specialist adjudicator.

Some legislation permits the adjudication procedures to be varied to suit the size and complexity of the dispute, provided always that the principles of natural justice are observed. A straightforward dispute might be considered on the basis of documentary submissions alone. A complex dispute may benefit from a conference or hearing with the parties in which the parties might make submissions in support of their propositions and expert evidence might be heard etc.

The result of a body corporate adjudication, known as the Order, is enforceable in the same manner as a Court judgment. While the hearing of an adjudication is private, the legislation permits public access to the Order.

Body Corporate Adjudication

BCCMA Orders and judgments are available in the public domain.

When should adjudication be considered?

Adjudication should be selected as the preferred process for dispute resolution when parties require the dispute to be decided by a specialist familiar with the professional or technical background of the matters in dispute utilising less formal procedures then those associated with the Courts. Adjudication is an inquisitorial process as opposed to litigation which is an adversarial process, that is, by utilising adjudication an adjudicator can make inquiries and investigate the dispute to determine the resolution of the dispute whereas an adversarial process is centred on the evidence provided by the parties without investigation by the Court, therefore a higher level of understanding is required by parties in an adversarial process.

Section 265 of the Body Corporate and Community Management Act 1997 (BCCMA) provides that the adjudication of a dispute of the following class must be a specialist adjudication:

 

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(:  (07) 3367 2708     F:  (07) 3367 2569     M:  0400 005192

+: PO Box 552  Ashgrove  Q  4060        E:  enquiries@adrs.com.au

 

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Arbitrators, Adjudicators, Conciliators, Mediators, Negotiators

Alternative Dispute Resolution Services Pty Ltd