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Procedural Compliance in the Adjudication Regime – A Close Look at the New Test of Material Prejudice

Tan Yen Jee

[2019] SAL Prac 12

Should a claimant’s adjudication application be invalidated on the basis that a relevant extract of the contract was not duly appended? In the recent amendments to the Building and Construction Industry Security of Payment Act, the insertion of s 16(2A) makes it clear that adjudicators now have the discretion to accept non-compliant adjudication applications in so far as it does not materially prejudice the respondent. This paper examines the rationale and effect of this new test and proposes a framework for assessment going forward.