What is adjudication?

Adjudication is a process carried out by an independent adjudicator to decide the amount, if any, that is due in respect of a progress payment claimed under the Act.

Only a claimant can start adjudication.

When can I apply for adjudication?

You may apply for adjudication in the following circumstances:

  • you have not received a payment schedule or payment within 10 days of making a claim, and
  • you have, within 20 days of the payment schedule or payment being due notified the respondent that you intend to apply for adjudication, and
  • you have given the respondent 5 days to provide a payment schedule

OR

within 10 days of receiving a payment schedule with which you disagree

OR

if the respondent does not pay the full amount of the schedule.

Who selects the adjudicator?

Authorised Nominating Authorities (ANAs) select adjudicators.

Who selects the ANA?

The claimant chooses which ANA to submit an adjudication application to.

Claimants should note that fees amongst different ANAs may vary. Also, each ANA will have different panels of adjudicators. Prior to selecting an ANA, a claimant should inquire about ANA fees and the likely fees and expenses of the adjudicator. Claimants are encouraged to discuss with the ANA, the nature of the issues involved in their claim and the qualifications that might be required of the adjudicator.

How much does adjudication cost?

There are two components to adjudication cost. The adjudicator's fees and expenses, and the ANA's fees.

Adjudication is intended to be informal, inexpensive and quick. If issues are kept simple and the submissions of the parties are complete, clear and concise, adjudication fees can be kept to a minimum.

The Security of Payments Act requires that the claimant and the respondent share adjudicator's fees equally, unless the adjudicator decides differently. 

How do I apply for adjudication?

If you think you are entitled to make a claim for adjudication then any of the ANA's will be able to assist you by providing an adjudication application form.

Applicants should note that the adjudication application must be in writing and addressed to an ANA, requesting the ANA to nominate an adjudicator:

  • be lodged with the ANA within the time allowed under the Act
  • be served upon the respondent at the same time
  • be accompanied by any ANA's application fee
  • attach a copy of the payment claim
  • attach a copy of the payment schedule (if any)
  • include all information in support of the claim that the claimant wishes the adjudicator to consider (such as expert reports, photographs and rebuttal of arguments for withholding payment raised by the respondent in the payment schedule), and
  • include a copy of the contract.

How do I contact an ANA?

The Minister for Commerce authorises specialist organisations to receive adjudication applications, nominate adjudicators and issue adjudication certificates. These bodies are called Authorised Nominating Authorities (ANA's).

To obtain an ANA contact details, click the “Contact an ANA” tab.

What happens after I apply for adjudication?

Once you have submitted your adjudication application the ANA will contact an adjudicator they consider best suited to determine your claim. If the adjudicator accepts, the claimant and the respondent will receive a notice from the adjudicator.

If the claimant does not receive a notice of acceptance from an adjudicator within four (4) business days, the claimant is entitled to withdraw the adjudication application. The claimant then has five (5) business days to lodge the application with another ANA.