There are three(3) possible scenarios in which a Claimant can make an adjudication application. Each scenario has strict timeframes and processes that must be followed to make the adjudication application valid. The scenarios may be summarised as:
| Scenario-1 | Payment Schedule (PS) received within correct time after Payment Claim (PC) |
| Scenario-2 | Payment Schedule (PS) received within correct time after Payment Claim (PC) and the Respondent fails to pay the whole or any part of the scheduled amount on or before the due date for payment (DDFP) |
| Scenario-3 | No Payment Schedule (PS) received within correct time after Payment Claim (PC) and a notice of intention to proceed to adjudication (2nd chance notice) served within correct time |
An adjudication application is to be sent to and received by an Authorised Nominating Authority (ANA) within strict timeframes. These timeframes vary between the Acts and it is suggested you check the relevant legislation or seek legal/professional advice. Guidance Application Timeframe tables are provided below.
Sending applications by post can be risky if you leave things to the last minute. Contact the ANA that you wish to use and ask them whether they accept applications sent by email and facsimile up until midnight of the last allowable day under the Act(s). It is suggested if you do leave it to the last day ring the ANA and advise them beforehand. If you send the application by post or deliver in person then business hours will normally apply for delivery.
Able Adjudication no longer accepts applications as an ANA but we understand ANAs must provide statistical data to the relevant Government Agency. To assist them to do so we suggest the Claimant fill in the ANA’s application form. Our preferred ANA is Australian Solutions Centre and their website can be accessed here.
When compiling your Adjudication Application it is pertinent to remember the Adjudicator has no prior knowledge of your matter and needs to be made aware of the circumstances relating to the dispute.
Therefore the Claimant should consider supporting the application with relevant documentation in relation to:
1. The Project details
2. Pre-Application processes and events
It is important that the Claimant describes in plain english the events leading up to the Payment Claim and addressing all the reasons why the Respondent may be withholding payment. This document is commonly known as the Claimant’s Submissions.
Every matter is different and every person has there own distinct way they express themselves however a simple proforma has been provided to give the Claimant an idea on what form the “submissions” may take.
For relevant guidance notes on your Act please read the information provided under each Adjudication Scheme.
Application timeframes
Disclaimer – These timeframes are offered for guidance purposes only and it is strongly suggested you check the relevant legislation or seek legal/professional advice before making an application.
Scenario 1 – Payment Schedule (PS) received within correct time after Payment Claim (PC)
| State | Trigger Date | Application Period |
|---|---|---|
| NSW | Date when PS received | Within 10 business days after the trigger date |
| QLD | Date when PS received | Within 10 business days after the trigger date |
| ACT | Date when PS received | Within 10 business days after the trigger date |
| SA | Date when PS received | Within 15 business days after the trigger date |
| TAS | Date when PS received | Within 10 business days after the trigger date |
| VIC | Date when PS received | Within 10 business days after the trigger date |
Scenario 2 – Payment Schedule (PS) received within correct time after Payment Claim (PC) and the Respondent fails to pay the whole or any part of the scheduled amount on or before the due date for payment (DDFP)
| State | Trigger Date | Application Period |
|---|---|---|
| NSW | Due Date for Payment | Within 20 business days after the trigger date |
| QLD | Due Date for Payment | Within 20 business days after the trigger date |
| ACT | Due Date for Payment | Within 20 business days after the trigger date |
| SA | Due Date for Payment | Within 20 business days after the trigger date |
| TAS | Due Date for Payment | Within 20 business days after the trigger date |
| VIC | Due Date for Payment | Within 10 business days after the trigger date |
Scenario 3 – No Payment Schedule (PS) received within correct time after Payment Claim (PC) and a notice of intention to proceed to adjudication (2nd chance notice) served within correct time.
This is a THREE Step Process
Step 1 – Wait for the “due date for payment” trigger date.
Step 2 – Serve a “Second Chance Notice” onto the Respondent within a strict timeframe AFTER the due date for payment date
| State | Trigger Date | Application Period |
|---|---|---|
| NSW | Due Date for Payment | Within 20 business days after the trigger date |
| QLD | Due Date for Payment | Within 20 business days after the trigger date |
| ACT | Due Date for Payment | Within 20 business days after the trigger date |
| SA | Due Date for Payment | Within 20 business days after the trigger date |
| TAS | Due Date for Payment | Within 20 business days after the trigger da |
| VIC | Due Date for Payment | Within 10 business days after the trigger date |
Step 3 – give the Respondent another strict period of time to pay or provide a Payment Schedule to your Payment Claim.
| State | Trigger Date | Payment Schedule Period |
|---|---|---|
| NSW | Receipt of 2nd Chance Notice | Last Day of 5 business day period |
| QLD | Receipt of 2nd Chance Notice | Last Day of 5 business day period |
| ACT | Receipt of 2nd Chance Notice | Last Day of 5 business day period |
| SA | Receipt of 2nd Chance Notice | Last Day of 5 business day period |
| TAS | Receipt of 2nd Chance Notice | Last Day of 5 business day period |
| VIC | Receipt of 2nd Chance Notice | Last Day of 2 business day period |
Then proceed to adjudication as follows:
| State | Trigger Date | Application Period |
|---|---|---|
| NSW | Last Day of 5 business day period | Within 10 business days after the trigger date |
| QLD | Last Day of 5 business day period | Within 10 business days after the trigger date |
| ACT | The Earlier day of: (i) the end of the 5-day period; and (ii) the day the claimant receives the payment schedule | Within 10 business days after the trigger date |
| SA | Last Day of 5 business day period | Within 15 business days after the trigger date |
| TAS | Last Day of 5 business day period | Within 10 business days after the trigger date |
| VIC | Last Day of 2 business day period | Within 5 business days after the trigger date |