Adjudication decision

A registered adjudicator is an independent person appointed to determine an adjudication application. 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.

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.

Once a decision has been released, the registry will publish the decision on the decisions webpage. 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” which 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.

See Industry guide to security of payment laws (PDF)  for more information.

After an adjudication decision

If an adjudication decision requires payment by the respondent.

  • If an adjudication decision requires the respondent to pay an amount (the adjudicated amount) to the claimant - it must be paid within 5 business days after the copy of the adjudicator’s decision is given to the respondent or by a later date decided by the adjudicator. 

When payment is made, the respondent must notify the registrar in writing ( within 5 business days of making the payment and provide evidence of payment to the Adjudication Registrar stating all of the following:

  •     the adjudication application number
  •     claimants full name / company name
  •     respondetns full name / company name
  •     date of decision
  •     date of payment
  •     amount paid
  •     including “evidence” of the following:
    • A copy of the bank deposit receipt or transaction report that clearly shows the amount paid, date of the payment and the name of the account holder where the amount was paid
    • A copy of the remittance or payment advice given to the claimant that states the amount paid, the date of payment and details of how the payment was mad
    •  A statutory declaration that states the amount that was paid, when it was paid and to whom it was paid.

Respondents can use this Word template (DOC 25kb) to cut and paste the email body to send to the registrar, which contains all the necessary information they need to provide.

Failure to pay an adjudicated amount by the due date is an offence and may result in prosecution or disciplinary action.