In most states if a Respondent fails to serve a payment schedule and fails to pay the whole or any part of the claimed amount by the due date for payment of the claimed amount then the Claimant may apply for a Security of Payment adjudication application on the Payment Claim.

However before doing so the Claimant must give the Respondent a second chance to provide a Payment Schedule by serving a notice on the Respondent.  This notice is often referred to as a:

• s21(2) notice in QLD
• s17(2) notice in NSW
• s19(2) notice in ACT
• s21(4) notice in TAS
• s17(2) notice in SA

The notice is to be served on and received by the Respondent within 20 business days after the due date of payment in relation to the Payment Claim (not any invoices attached to the Payment Claim).

The notice should state that the Respondent has 5 business days from when he/she receives the notice to provide a Payment Schedule.

This form of Payment Schedule requires the same compliance with the exception of the timeframe and it is considered good practice to respond with a Payment Schedule to protect the Respondent’s rights.

If unsure revisit the Payment Schedule page and/or seek professional assistance.