How and when to apply
You can apply for adjudication if you give a payment claim for construction work or related goods and services and:
- You receive a payment schedule and you disagree with it; or
- You receive a payment schedule but you’re not paid in full by the due date: or
- You’re not paid in full by the due date and you don’t receive a payment schedule.
What adjudication process applies?
Please note: The changes to progress payments and adjudication included in the Building Industry Fairness(Security of Payment) Act 2017 (BIF Act) commenced on 17 December 2018. This also resulted in a repeal of the Building and Construction Industry Payments Act 2004 (BCIPA).
Despite the repeal of the BCIPA, however, if a payment claim was given before 17 December 2018, and there are unfinished matters for the payment claim, BCIPA continues to apply.
How do you deliver an adjudication application?
Deliver an adjudication application by:
- Completing the online form
- Completing the Adjudication application form (PDF) hard copy and:
- Visiting one of our nine Service Centres across Queensland. If delivering in person to a regional service centre please allow enough time for the application to be received by the registrar. It is recommended that applications are delivered to a Regional Service Centre no later than 4:30pm to be received by the Registrar on the same business day. Find the closest Service Centre.
- Posting it to GPO Box 5099, Brisbane QLD 4011. If sending to the Registrar by Mail, sufficient time should be allowed to ensure the application and related documents are received by the registrar prior to 5pm on the last business day for lodgement. Please check Australia Post for general delivery times.
You must give a copy of the adjudication application and supporting submissions and documents to the respondent. This should be done as soon as possible after the application is delivered.
You must deliver an adjudication application within the required timeframes.
- If you receive a payment schedule and disagree with it – within 30 business days after the payment schedule was given
- If you receive a payment schedule but you’re not paid in full by the due date – within 20 business days after the due date.
- If you’re not paid in full by the due date and don’t receive a payment schedule – 30 business days after the later of:
- (i) the day of the due date for the progress payment to which the claim relates; or
- (ii) the last day the respondent could have given a payment schedule under section 76 of the Building Industry Fairness (Security of Payment) Act 2017.
- An application must be delivered on a business day before 5.00pm (AEST). Any applications lodged after this time are taken to be delivered the following business day.
The fees for lodging an adjudication application are:
|Claimed amount||Application fee|
|If claimed amount is $10,000 or less||$58.65|
|If claimed amount is more than $10,000 but not more than $50,000||$175.95|
|If claimed amount is more than $50,000 but not more than $100,000||$293.30|
|If claimed amount is more than $100,000 but not more than $250,000||$410.70|
|If claimed amount is more than $250,000 but not more than $500,000||$527.95|
|If claimed amount is more than $500,000 but not more than $750,000||$645.30|
|If claimed amount is more than $750,000 but not more than $1,089,576||$762.65|
|If claimed amount is more than $1,089,576||0.07% of the progress payment amount but not more than $5,866.70|
An adjudicator’s fees and expenses may also be payable.