Reviewing a BIFA Adjudication Decision

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Video Transcript

An adjudication decision under the Building Industry Fairness Security of Payments Act, or BIFSA, is designed to be quick, interim, and enforceable. It is not designed to be conducted the way a trial is conducted. That distinction matters. If you're unhappy with a BIFSA adjudication decision, there is no appeal on the merits. The adjudicator cannot be asked to reconsider. QCAT has no jurisdiction to review it. The vast majority of dissatisfaction ends there. The only mechanism to challenge an adjudication decision is judicial review in the court. That pathway is narrow, technical, and unforgiving. Courts do not redecide the payment claim. They do not correct factual errors. They do not intervene because the outcome feels wrong. Judicial review is confined to jurisdictional error or denial of procedural fairness only. Jurisdictional error includes situations where the adjudicator exceeded their statutory power or failed to comply with a mandatory requirement under the act, or decided something they were not authorized to decide. If the adjudicator lacked jurisdiction, that decision can be declared void. Procedural fairness issues may arise where a party was denied a reasonable opportunity to respond, where submissions were not genuinely considered, or where the adjudicator acted in a way that was legally unfair. Mere disagreement with reasoning is insufficient. Timing is critical. Applications must be brought promptly. Delay alone can defeat the application regardless of merit. Evidence must be precise. Grounds must be framed with discipline. Loose assertions and general complaints will likely fail. Even where judicial review succeeds, the usual result is that the decision is set aside and the matter remitted for re-adjudication. The court does not substitute its own payment determination. BIFSA adjudication is a cash flow tool, not a final justice. The scheme prioritizes speed over correctness. Review is exceptional, not routine. Understanding that structure prevents wasted effort and strategic errors. Click the link below and contact our building and construction professionals for a free 30-minute consultation, and let us help protect your rights.

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