Security of Payment Legislation in Australia: Issues with Adjudication Decisions

Purpose - The purpose of this paper is to provide insights into the existing legislative system and court cases pertaining to the security of payment legislation as it applies to the construction industry across Australia. Design/methodology/approach – The method employed is derived from the literature involving the identification, examination and comment on legislation and pertinent court cases which address such legislation. Findings – The paper provides comparative details of the security of payment legislation as it has evolved in the States and Territories of Australia. A key issue emanating from the expose on the court cases is the differentiation made between adjudication and arbitration and in particular the right of a court to overturn a decision made under adjudication, a right that does not exist in regards to arbitration. Research limitations/implications – This is not an empirical study and accordingly is limited to providing basic details specific to the legislation and the court cases selected