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Guide to Enforcing an Adjudication Decision - Building and Construction Industry Payments Act 2004

Guide to enforcing an adjudication decision - BCIPA

You’ve done all the hard work, applied for an adjudication and been successful and you celebrate. Now it’s time to get paid. While it is hoped the other party will do the right thing, this isn’t always the case and you may need to take steps to enforce the adjudication decision.

Adjudication Certificate

As part of the decision, the adjudicator will require the other party (the debtor) to pay an amount by a required date. If the debtor does not pay by this required date you can ask the QBCC registrar to provide an adjudication certificate[1].

Judgment Debt

Once you have an adjudication certificate, you can file it as a judgment debt with the relevant court. The monetary limit for each relevant court is:

  • Under $150,000 Magistrates Court

  • $150,000 to $750,000 District Court

  • Over $750,000 Supreme Court

Once you have a filed a judgment debt, it then becomes a process of enforcing the debt like any other judgment.

Like any other judgment debt, the decision may be reviewable by appeal. The appeal must be made within 28 days[2].

Enforcing a Judgment Debt

The steps taken to enforce the judgment, will depend on:

  • The amount of the Judgment; and

  • Whether the debtor is a person or a company.

There are various options available for enforcement a judgment including:

  • Enforcement Proceedings;

  • Bankruptcy; and

  • Statutory Demand.

For more information on the options available, see our other articles.

Enforcing a judgment using the correct steps can often result in prompt payment or a payment plan agreed to without extended delays. Like any dispute the success is often determined by the other party’s ability or preparedness to pay. In addition, these processes can be somewhat complicated if it’s not something you deal with on a day to day basis. We always recommend talking to a professional first to make sure:

  • time frames are met;

  • that you are taking all the right steps for your particular circumstances; and

  • that the other payer takes you and your debt seriously.

Contact Us

We are happy to provide advice tailored to your business's needs about enforcing an adjudication decision.

The law can be complicated, so let our experienced construction law team give you peace of mind. Call us on 07 3128 0120 or email us at subcontractors@arbuildinglaw.com.au.

End Notes

[1] Section 30(1), Building and Construction Industry Payments Act 2004.

[2] Section 94 Building and Construction Industry Payments Act 2004, noting a registrar may, at any time, extend the time of applying for the review.

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Aitchison Reid Building and Construction