Long Vac

Just finished eating some supper outside. At 8.30, still 31 degrees.

It was pretty much the first I have seen of the sun today. Why? Because I have been working on an adjudication response.  The Christmas break has become the traditional time to launch adjudication applications, with their very short time scales.

When I started in the law in England, there was something called “long vacation” Which was the summer months of July and August.  Not a lot happened in July and August.

There might be something to be said for the idea that adjudication times should not run between, say, Christmas eve and mid-January. Continue reading

Maxcon in The Shade

chatswoodThe decision in Probuild v Shade Systems earlier this year[1] raised a few eyebrows.  At first instance in the Supreme Court In New South Wales, Emmett AJA had decided that the determination of an adjudicator might be quashed on the basis of a non-jurisdictional error off law on the face of the record.  There had previously been one or two decisions which had suggested this possibility; after all the effect of the decision in Chase Oyster Bar v Hamow Industries had been that the decisions of the adjudicators are amenable to certiorari, an error of law on the face of the record is one of the traditional grounds for certiorari (and in deed the other forms of judicial review, namely mandamus, prohibition, and quo warranto).

On the 23rd of December 2016 five judges in the New South Wales Court of Appeal overturned that decision in Shade Systems v Probuild Construction (No 2)[2], the decision of Basten JA (with whom all the other Judges agreed) was that it is only jurisdictional errors of law which suffice to quash an adjudicator’s determination Continue reading