Adjudication

Adjudication under the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) is a quick and cost-effective means of resolving payment disputes in construction projects. This legislation is designed to ensure the flow of money through the contract chain continues even when a dispute arises. If you’re looking to resolve your payment dispute immediately, we can help you enter this process.

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Do you need help with applying for adjudication or responding to an application?

The adjudication process is for anyone who has carried out construction work or supplied related goods or services under a construction contract and have sent a payment claim but you either:

  • receive a payment schedule but you’re not paid in full by the due date
  • are not paid in full by the due date and you don’t receive a payment schedule
If you want to resolve a payment dispute quickly and cost-effectively, without going to court or arbitration, the adjudication process is the way to go.

We can help you prepare and lodge your notice of adjudication, referral notice, and other crucial documents that are required to start and conduct the adjudication application. We can also advise you on the relevant time limits and procedures that apply to your case.

If you’re on the other side of the fence of the dispute and you received an adjudication application, we can help you check if the application is valid, challenge it if you wish to, and prepare your adjudication response if necessary.

The adjudication process can be complex if you do it on your own. To make sure that you get the best outcome for your payment dispute, speak with Gibbs Wright Litigation Lawyers. Our expert construction lawyers will provide all the support and guidance you’ll need throughout the process.

How to get started

Litigation can be complex and daunting, but we’ll make the process easier for you. Book a complimentary call today.

1

Tell us your
legal matter

Speak to one of our litigation lawyers via phone for free and provide the necessary details and documents so we can better understand your situation.
2

We’ll let you know
where you stand

If we think that you have a good argument, we’ll devise a strategy for you on how we will take on your matter, and give you legal guidance and a fee estimate. All for free.
3

You Decide

It’s ultimately your decision whether to hire us or not based on the strategy and fee estimate we gave you. There’s no obligation and no pressure to proceed.
1

Tell us your legal matter

Speak to one of our litigation lawyers via phone for free and provide the necessary details and documents so we can better understand your situation.
2

We’ll let you know where you stand

If we think that you have a good argument, we’ll devise a strategy for you on how we will take on your matter, and give you legal guidance and a fee estimate. All for free.
3

You Decide

It’s ultimately your decision whether to hire us or not based on the strategy and fee estimate we gave you. There’s no obligation and no pressure to proceed.

Why Gibbs Wright

Our team of litigation lawyers are committed to protecting your rights and getting the best possible outcome for your situation.

What we do is very simple: we sue people, defend people when they get sued and negotiate resolutions to disputes to prevent proceedings from commencing. It’s the only thing we do and we do it really well.

Having done this for many years, we know the law and the legal processes like the back of our hands. But more importantly, we know how to win. No matter the industry you’re in or how complex your situation is.
When we take on your legal matter, you know that our team of expert litigation lawyers will fight for you not just for the sake of it. We will fight relentlessly so you can get back to business as soon as possible.  

Hear it from our satisfied clients

Expert litigators, ready to fight for you.

Spencer Wright

Litigation Director

Spencer leads the strategic operations at Gibbs Wright, with a wealth of knowledge on Queensland law and business operations.

Jessica Carroll

Litigation Solicitor

Jessica holds interests in defamation, corporate and contract law, and works closely with all team members of the firm to ensure the client receives the best result.

Emma Bettridge

Special Counsel

Emma is an experienced commercial litigator committed to giving her clients practical and solutions-oriented advice.

Melany Dowse

Special Counsel

Melany represents a range of clients from individuals and small businesses to body corporates and insolvency practitioners.

Mitchell Caldwell

Senior Litigation Solicitor

Mitchell has degrees in both law and aviation management and has an extensive background in customer service.

Jannah Riley

Litigation Solicitor

Jannah is the newest member of the team with keen eye for litigation and a passion for client success.

Kathryn

Manager

Frequently Asked Questions

  • What is adjudication and who can use it?

    Adjudication is a process to resolve payment disputes under a construction contract in Queensland. Anyone who has carried out construction work or supplied related goods or services under such a contract can use it.

  • When can I apply for adjudication?

    You can apply for adjudication if you give a payment claim and you either receive a payment schedule but are not paid in full by the due date, or are not paid in full by the due date and do not receive a payment schedule.

  • What are the time limits for applying for adjudication?

    You must lodge an adjudication application within 30 business days after the payment schedule was given, or 20 business days after the due date, or 30 business days after whichever is later: the due date for the progress payment or the last day the respondent could have given a payment schedule.

  • How do I lodge an adjudication application?

    You can lodge an application online, by email, by post, or in person. You must pay a fee to lodge an application. The fee depends on the amount of the payment claim.

  • What happens after I lodge an adjudication application?

    The Registrar will refer your application to an adjudicator within 4 business days5. The adjudicator will accept or reject your application and notify both parties. If accepted, the adjudicator will make a decision within 28 days unless extended by agreement.

  • What is a registered adjudicator and what can they do?

    A registered adjudicator is an independent person appointed to determine an adjudication application1. They can make a decision on your case and provide you with a decision once the assessment fees are paid.

  • How does the adjudicator assess my application?

    The adjudicator will check if they have jurisdiction to decide the payment dispute3. They may request further information from either party to assist with making a decision.

  • How long does the adjudicator have to make a decision?

    The adjudicator has 28 days from the date they accept your application to make a decision, unless this period is extended by agreement.

  • How much does the adjudicator charge for their services?

    The adjudicator’s fees depend on the value of your claim. There is a maximum fee schedule based on the claim amount.

  • What happens after the adjudicator makes a decision?

    The adjudicator will notify both parties and request payment of fees6. After receiving payment, they will give a copy of the decision to both parties and the Adjudication Registry. The registry will publish the decision online and provide an adjudication certificate if an amount is payable.

Explore your legal options with Gibbs Wright Litigation Lawyers - Brisbane’s Leading Litigation Firm.

Our expert litigators will let you know where you stand and give you legal guidance.