420. Human rights and natural justice.

420.     Human rights and natural justice.

It has been held that a party resisting summary enforcement is not able to rely on the right to a fair trial1 under the Convention for the Protection of Human Rights and Fundamental Freedoms (1950)2. The right to a fair trial does not apply to an adjudicator's award or adjudication proceedings because they do not involve a final determination3.

However, an adjudicator is obliged to act impartially4 and in accordance with the rules of natural justice or as fairly as the limitations imposed by Parliament permit5