Enforcement of adjudication determinations

摘要

This article concerns three fundamental questions about the relationship between security of payment legislation and the Corporations Act 2001 (Cth). First, under what circumstances can a party who has succeeded in an adjudication seek to enforce the determination with a statutory demand under the Corporations Act? Can that party immediately issue the statutory demand, or must it first register the determination as a judgment of a court? Secondly, if the party with the benefit of the determination has issued a statutory demand in respect of the adjudicated amount, on what grounds can the unsuccessful party rely in an application to set aside that demand? Finally, at what point should an unsuccessful party to an adjudication challenge the determination?