Adjudication Abroad and Lessons that can be Exchanged
The prevalence of payment disputes in the construction industry is not unique to Australia. There are iterations of ‘rapid resolution’ methods all over the globe. The most recent guest to the party is Hong Kong. The introduction of security of payment legislation into Hong Kong has been on the cards for decades with calls for significant change in how contracts are administered, how disputes are managed and who gets paid and when.
Janelle Kerrisk has worked in the construction industry in Australia her entire career spanning over two decades. In Australia there is no uniform approach to security of payment in Australia. Each State and Territory has its own unique legislation and despite calls for a national approach there is still inconsistent drafting and discrete case law trends throughout the nation.