Do you know what makes an adjudication application, or more importantly what doesn’t? This month, we explore a recent order where the Adjudicator noted the application is ‘an abuse of the process’.

Merriam-Webster defines frivolous as of little weight or important or having no sound basis (as in fact or law), defines vexatious as causing distress, intending to harass and defines misconceived as wrong or inaccurate.

This months adjudicators order was quite a lengthy read, but nothing compared to the 255 page application made to the Commissioners Office or the further 85 page response submitted by the applicant, which the adjudicator made note of numerous times within the order.

In many adjudicators orders that we have reviewed the adjudicator, that has overseen the application, has made note that it is the responsibility of the applicant requesting the order to ensure that they are providing relevant documentation to support their argument. This includes ensuring that any irrelevant documentation is not included, references to other orders / applications are relevant to the order sought and not overwhelming the adjudicator with paperwork.

The adjudicator, in the order we have reviewed this month, notes on many occasions that the applicant has made reference to other adjudicators orders that are different in context and not relevant to the application and orders requested and with reference to the by laws that they are requesting be invalidated there are issues of misinterpretation and therefore ruled those sections of the application frivolous, misconceived and without substance.

After going through the application, response from Committee & further response from the applicant, the adjudicator ruled “In my view, the sheer volume of material and minutiae submitted by the applicant alone is an abuse of process and renders the application vexatious” and “I am satisfied that the application is frivolous, vexatious, misconceived and without substance. I have dismissed it under Section 270(1)(c) of the Act….”

The full order can be read here.

More information can also be obtained about making adjudication applications on the Commissioners Office website.

It is important to note that the adjudicators orders that we review each month are made on a case by case basis by the commissioners office based on the applications, submissions, by laws pertaining to each of the schemes, legislation that is applicable and are not a fit all order.