Section 12: What happens if I don’t want to continue with adjudication or we reach a settlement?

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Once you have made an application for adjudication, it may be withdrawn at any time up until the adjudicator makes a determination. If you wish to withdraw the application and cease adjudication, the Act requires that you serve a notice to withdraw on both the adjudicator and the respondent.

Where a settlement of the payment dispute has been reached following an application for adjudication, the adjudicator may, at the consent of both parties, make a determination that gives effect to the terms of the settlement.

Be aware that where an application for adjudication is withdrawn prior to the adjudicator issuing a determination, both parties may still be liable for any costs that the adjudicator has incurred in determining the payment dispute. The same applies where the adjudicator has issued a determination giving effect to a settlement.

NEXT – Section 13: Effect of a determination

BACK – Section 11: What does the adjudicator do?

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