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Demiton
Security of Payment guide
Security of Payment / Adjudication

When is an adjudication application due?

Adjudication is the Security of Payment route to a decision on a disputed payment claim: an adjudicator decides what is owed. Each Act sets its own windows, for the application, for the response and, in 7 of 8, for a notice of intention to apply. 7 Acts give the application between 10 and 30 business days.

Every state's adjudication windows

The notice of intention, the application and the respondent's response, each with the section that sets it. The library holds no notice of intention row for Northern Territory.

StateNotice of intentionApply for adjudicationRespond to the application
New South Wales20 business dayss 17(2)10 business dayss 17(3)5 business dayss 20
Queensland30 business dayss 9930 business dayss 79(2)(b)10 business daysss 82-83
Victoria10 business dayss 18(2)10 business dayss 18(3)(c)5 business dayss 21
Western Australia20 business dayss 28(2)20 business dayss 28(4)10 business dayss 34
South Australia20 business dayss 17(2)15 business dayss 17(3)(c)5 business dayss 20(1), (3)
Tasmania20 business dayss 21(4)(a), (b)10 business dayss 21(3)(a)10 business dayss 23(1), (2), (6)
Australian Capital Territory20 business dayss 19(2)10 business dayss 19(3)(b)7 business dayss 22(1), (3)
Northern Territorynot held in the library65 working dayss 8, 28(1), (3)15 working dayss 29(1)

Where the application window starts

  • NSW, QLD, VIC, WA, SA, TAS, ACT: Payment schedule received for less than the claim.
  • NT: Payment dispute arose.

The full duty each Act sets for the notice of intention is in the answers below. Count the application window for a real date in the deadline calculator. The schedule that starts it is on the payment schedules page.

What this page is, and is not

It is the section text this library holds for each state's Act, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the Act and the contract you signed.

No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.

Common questions

How long do I have to apply for adjudication?

NSW (s 17(3)), VIC (s 18(3)(c)), TAS (s 21(3)(a)), ACT (s 19(3)(b)): 10 business days. QLD (s 79(2)(b)): 30 business days. WA (s 28(4)): 20 business days. SA (s 17(3)(c)): 15 business days. NT (s 8, 28(1), (3)): 65 working days.

Do I need to give notice of intention to apply?

NSW: Give notice of intention to apply for adjudication within 20 business days (s 17(2)). QLD: Give notice of intention to apply for adjudication within 30 business days (s 99). VIC: Give notice of intention to apply for adjudication within 10 business days of the due date (s 18(2)). WA: Give notice of intention to apply for adjudication within 20 business days (s 28(2)). SA: Give notice of intention to apply for adjudication within 20 business days of the due date (s 17(2)). TAS: Give notice of intention to apply for adjudication within 20 business days of the due date (s 21(4)(a), (b)). ACT: Give notice of intention to apply for adjudication within 20 business days of the due date (s 19(2)). NT: not held in the library.

How long does the respondent have to answer an adjudication application?

NSW (s 20), VIC (s 21), SA (s 20(1), (3)): 5 business days. QLD (ss 82-83), WA (s 34), TAS (s 23(1), (2), (6)): 10 business days. ACT (s 22(1), (3)): 7 business days. NT (s 29(1)): 15 working days.