sec.264Specialist adjudication by agreement

sec.264 Specialist adjudication by agreement

The commissioner may recommend an application be the subject of specialist adjudication if— the parties to the application agree on a person who is to be the adjudicator for the application; and the commissioner considers the person agreed on has the qualifications, experience or standing appropriate for acting as an adjudicator for the application; and the parties and the adjudicator agree on the amount to be paid for the adjudication; and for the amount agreed to be paid for the adjudication—the parties either— agree on how, and by whom, the amount is to be paid; or agree the amount is to be paid in the way decided by the adjudicator; and the adjudicator gives the parties written confirmation of the agreement mentioned in paragraph (c) . Subsection (1) (a) does not require the agreement of a party who is a joined respondent. In this section— joined respondent means a person who is joined as a respondent to the application under section 47B (5) (a) , 48 (3) (a) or 388 (3) (a) . s 264 ins 2003 No. 6 s 87 amd 2007 No. 11 s 39 ; 2011 No. 9 s 35 (sec.264-ssec.1) The commissioner may recommend an application be the subject of specialist adjudication if— the parties to the application agree on a person who is to be the adjudicator for the application; and the commissioner considers the person agreed on has the qualifications, experience or standing appropriate for acting as an adjudicator for the application; and the parties and the adjudicator agree on the amount to be paid for the adjudication; and for the amount agreed to be paid for the adjudication—the parties either— agree on how, and by whom, the amount is to be paid; or agree the amount is to be paid in the way decided by the adjudicator; and the adjudicator gives the parties written confirmation of the agreement mentioned in paragraph (c) . (sec.264-ssec.2) Subsection (1) (a) does not require the agreement of a party who is a joined respondent. (sec.264-ssec.3) In this section— joined respondent means a person who is joined as a respondent to the application under section 47B (5) (a) , 48 (3) (a) or 388 (3) (a) .

• (a) the parties to the application agree on a person who is to be the adjudicator for the application; and
• (b) the commissioner considers the person agreed on has the qualifications, experience or standing appropriate for acting as an adjudicator for the application; and
• (c) the parties and the adjudicator agree on the amount to be paid for the adjudication; and
• (d) for the amount agreed to be paid for the adjudication—the parties either— (i) agree on how, and by whom, the amount is to be paid; or (ii) agree the amount is to be paid in the way decided by the adjudicator; and
• (i) agree on how, and by whom, the amount is to be paid; or
• (ii) agree the amount is to be paid in the way decided by the adjudicator; and