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CHAPTER 15 Statutory adjudication in Australia

Construction Arbitration and Alternative Dispute Resolution

Page 261


Statutory adjudication in Australia

Statutory adjudication in Australia

Kelly Sean Bailey Julian Bell Matthew


15.1 The states and territories of the Commonwealth of Australia (prior to 1901, as British colonies) have had various forms of construction industry payment legislation in place since the nineteenth century.1 The modern history of these schemes began in 1999 when the state of New South Wales passed the Building and Construction Industry Security of Payment Act 1999 (NSW),2 the template for which was Part II of the UK Housing Grants, Construction and Regeneration Act 1996.3 Since then, legislation has been enacted across each of Australia’s eight states and territories.4

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