What procedural standards does natural justice require in adjudication?
Natural justice applies to adjudication, but the procedure is not a trial. The adjudicator controls an expedited process while ensuring that each party knows and can answer every material submission, enquiry and new point capable of affecting the decision.
Fair notice and a proportionate opportunity to respond are mandatory; only a material breach ordinarily prevents enforcement
The adjudicator must allow each party to present its case and answer the material case advanced by the other. New submissions, independent enquiries, tests, technical advice and legal points should be disclosed where they may influence the result. The timetable permits short and controlled response periods. Enforcement is not defeated by every procedural imperfection: the resisting party must identify a properly arguable, material failure rather than use natural justice as an appeal on fact or law. A failure to consider a properly raised defence may cross that threshold.
| Issue | Position |
|---|---|
| Material opposing case | Disclose and permit response |
| New point raised by adjudicator | Invite focused submissions |
| Independent test or advice | Disclose material result |
| Minor procedural imperfection | Ordinarily insufficient |
| Ignored material defence | Potential non-enforcement |
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