FAQs about adjudication

Do I need a lawyer for adjudication?

Homeowners and any other parties may have legal representation at adjudication (at their own expense) but do not have to.

Is legal aid available for homeowners going to adjudication?

Legal aid is available for adjudication, which is a quasi-judicial process. Parties to adjudication under the WHRS Act have to meet the same criteria to receive legal aid as they would for legal aid in civil court proceedings.

Who is responsible for tracking parties to claims?

At the request of claimants and in order to speed up the resolution process and to promote cost-effectiveness, the WHRS makes reasonable (but not extensive) efforts to track parties to adjudications. (Homeowners are asked to provide as many details as possible of any parties, including their name, role in respect of the property, address and contact phone number.) Homeowners are able to take additional steps themselves if they wish.

Where are adjudications held?

Adjudications are held at venues as close as possible to the address of the affected dwelling house.

Will people outside the main centres have to wait longer for adjudication?

If a local adjudicator is not available, then someone will travel to smaller centres as required.

Can a claimant withdraw a claim?

A claimant may withdraw an adjudication claim if the parties agree, or if the claimant serves written notice on the adjudicator, through the WHRS, and no respondent objects. If there is an objection, the adjudicator decides if the claim can be withdrawn, having regard to the respondent's interest in obtaining a determination. There is no refund of the fee paid.