This document discusses judicial review of determinations made by adjudicators in Victoria and NSW. It outlines the grounds for judicial review, including jurisdictional error, errors of law on the face of the record, and denying procedural fairness. It also provides guidance to adjudicators on writing determinations by taking submissions into account, considering relevant matters under the Act, ensuring procedural fairness, properly valuing construction work, and excluding ineligible amounts. The document aims to help adjudicators understand how to issue determinations that withstand judicial review.

1. Judicial review of
adjudicators’
determinations
Jeremy Twigg QC
Barrister, arbitrator and adjudicator

2. Introduction
 Judicial review in Victoria
 Judicial review in NSW
 Grounds of review

3. Jurisdictional error
 What falls within this ground?
 Jurisdictional error that quashes a determination

4. Error of law on the face of the record
 Errors affecting a determination

5. Procedural fairness
 The measure of procedural fairness required
 Section 23 of the Act

6. Writing a determination
 The task of the adjudicator
 Providing written reasons
 Taking account of submissions
 Consideration of matters under the Act
 According procedural fairness
 Valuing construction work
 Excluded amounts

7. Lessons for the future
 (General discussion and questions)