with Joel Silver and Michael Heaton KC

Join us for an in-depth discussion led by Michael Heaton KC, who will be posing questions to Joel Silver, counsel for Shunshunli. Key issues to be explored include:

The scope of the adjudicator's obligation to "consider" under s23(2)(d) of the Act.
The definition of "reasons" under s23(3)(a) of the Act.
Whether an adjudicator has considered the submissions of a party if the reasons do not directly address the principal argument in the payment schedule and the adjudication response. Are the reasons "reasons" under s23(3)(a) of the Act?
The meaning of "reasons for withholding payment that were not included in the payment schedule" under s21(2B). Should a respondent be given an opportunity to reply to a claimant’s response? What do procedural fairness or natural justice require? How does this relate to s22(5)? Have submissions been "duly made" under s23(2)(c)? What should be included in a payment schedule to avoid the operation of s21(2B)?