Adjudication process and decision
A registered adjudicator is an independent person appointed to determine an adjudication application. They can make a decision on your case and provide you with a decision once the assessment fees are paid.
Assessment of case
When the adjudicator receives an application, it will be assessed to determine whether jurisdiction exists to decide the payment dispute. Further information may be requested from either party to assist with making a decision.
Making the decision
In making a decision the adjudicator will decide:
- the amount owed (if any)
- the due date for payment
- the interest rate that applies.
When the adjudicator makes a decision, they will notify both parties and request payment of fees. After receiving payment, a copy of the decision will be given to both parties and the Adjudication Registry. Both parties are equally responsible for paying the adjudicator’s fees and expenses unless the adjudicator decides otherwise.
Once a decision has been released, the registry will publish the decision in the adjudications decisions register on myQBCC. If an adjudicated amount is payable, the registry will provide the claimant with an adjudication certificate for the decision.
It is, however, important to note that an adjudication decision is interim-binding. This means that a decision awarding an adjudication amount must be paid, but does not limit the parties’ rights to have the matter subsequently dealt with on a full and final basis by commencing legal proceedings in an appropriate court.
Listed below are the maximum fees an adjudicator can charge based on the value of your claim.
|Total claim amount||Fee|
|If progress payment is not more than $5,000||$620|
If progress payment is more than $5,000 and up to $15,000
If progress payment is more than $15,000 and up to $20,000
|If the progress payment is more than $20,000 and up to $25,000||$2070|
|If no amount is agreed for fees and expenses between the adjudicator and the parties, the adjudicator is entitled to an amount that is reasonable having regard to the work done and expenses incurred by the adjudicator.|
Information and advice
See Industry guide to security of payment (PDF, 2.5MB) for more information.
The registry provides a consumer advisory service that can be contacted by: