Once the adjudicator has been appointed and received an application and the response (if permitted), the adjudicator has 10 business days to assess the application and make a determination.

A determination is legally binding however does not remove your right to litigate at a later stage.

Review adjudication

There are limited circumstances where you may be able to apply for review adjudication. Circumstances include:

• Claimant:
  • Where the difference between the claimed amount and the (lesser) adjudicated amount is $200,000 (inlcuding GST) or more.
  • Where the adjudicator decided they did not have jurisdiction to determine the application and the amount exceeds $50,000 (inlcuding GST).
• Respondent:
  • Where the difference between the scheduled amount and the (greater) adjudicated amount is $200,000 (inlcuding GST) or more.

It is important to note that if eligible, applications made for review adjudication must be made within 5 business days of the determination being made.

You can find further information about how the adjudicator makes a determination, review adjudication and enforcement in the following video and factsheet. 

Enforcement

To enforce a determination as a monetary judgement, a certified copy of the determination will need to be obtained from Building and Energy by emailing: determinations@DMIRS.wa.gov.au.