Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 79

79 Application for adjudication

(1) A claimant may apply to the registrar for adjudication of a payment claim (an
"adjudication application" ) if—

(a) the claimant is entitled to apply for adjudication under section 78 (2) (b) because of a failure by the respondent to pay an amount owed to the claimant by the due date for the payment; or

(b) the amount stated in the payment schedule, given in response to the payment claim, is less than the amount stated in the payment claim.

(2) An adjudication application—

(a) must be in the approved form; and

(b) must be made within—

(i) for an application relating to a failure to give a payment schedule and pay the full amount stated in the payment claim—30 business days after the later of the following days—

(A) the day of the due date for the progress payment to which the claim relates;

(B) the last day the respondent could have given the payment schedule under section 76 ; or

(ii) for an application relating to a failure to pay the full amount stated in the payment schedule—20 business days after the due date for the progress payment to which the claim relates; or

(iii) for an application relating to the amount stated in the payment schedule being less than the amount stated in the payment claim—30 business days after the claimant receives the payment schedule; and

(c) must identify the payment claim and the payment schedule, if any, to which it relates; and

(d) must be accompanied by the fee prescribed by regulation for the application.

(3) The adjudication application may be accompanied by submissions relevant to the application.

(4) The claimant must give the following documents to the respondent within 4 business days after making the adjudication application—

(a) a copy of the adjudication application;

(b) a copy of the submissions, if any, accompanying the application under subsection (3) .

(5) The registrar must, within 4 business days after the application is received, refer the application to a person eligible to be an adjudicator under section 80 .

(6) In this section—

"copy" , of an adjudication application, includes a document containing details of the application given to the claimant by the registrar for the purpose of the claimant complying with the claimant’s obligation under subsection (4) (a) .