Legal Project Management Plan & Checklist
Purpose: This is the practitioner roadmap for managing a Security of Payment adjudication claim from the claimant's perspective in Queensland. Designed for construction lawyers and project managers, this guide covers the complete lifecycle from payment claim service through to adjudicator decision. Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Jurisdiction: Queensland, Australia. All adjudication applications are lodged with the QBCC Adjudication Registry. Authorised Nominating Authorities (ANAs) were abolished when BCIPA 2004 was repealed. Verify current guidelines on the official Queensland Legislation Registry.
Governing Legislation: Building Industry Fairness (Security of Payment) Act 2017 (QLD) (), which replaced the Building and Construction Industry Payments Act 2004 (BCIPA) with effect from 17 December 2018. As amended by the Building Industry Fairness and Other Legislation Amendment Act 2024 (BIFOLA 2024) effective 1 July 2024, which simplified trust account compliance. Key operative provisions: s 68 (construction contracts), s 70 (reference dates), s 75 (payment claims), s 76 (payment schedules - 15 business days), s 77 (consequences of not providing schedule), s 79 (adjudication applications), s 82 (adjudication responses), s 88 (adjudicator's decision), s 90 (payment of adjudicated amount), s 91 (adjudication certificates). Business days exclude weekends, QLD public holidays, and 22 December to 10 January inclusive (s 67).
Key Case Law: Brodyn Pty Ltd v Davenport [2004] NSWCA 394 (judicial review limited to jurisdictional error); Southern Han Breakfast Point v Lewence Construction [2016] HCA 52 (reference date is essential precondition); Probuild v Shade Systems [2018] HCA 4 (no review for non-jurisdictional error); Maxcon v Vadasz [2018] HCA 5 (pay when paid clauses void); Forme Two v McNab Developments [2025] QSC 96 (6-month claim window is jurisdictional fact); Baguley Build v Olcon [2025] QSC 126 (payment schedule reasons must be specific); CPB Contractors v MSS Projects [2025] QSC 239 (valid payment schedule is jurisdictional fact); Tomkins v Starline Interiors [2026] QSC 21 (court can remit to adjudicator after statutory timeframe expired). Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Process at a Glance: (1) Identify a valid reference date and confirm contract coverage under the BIF Act. (2) Serve a Payment Claim under s 75 identifying the construction work and claimed amount. (3) Monitor the 15-business-day window for the Respondent to serve a Payment Schedule under s 76. (4) If the schedule is disputed or absent, lodge an Adjudication Application with the QBCC Adjudication Registry under s 79 within statutory timeframes (20 BD after receiving a disputed schedule, or 30 BD after the payment due date if no schedule received). (5) Pay the tiered application fee ($66.53 to $865.35 depending on claim value). (6) Receive the Adjudicator's binding interim determination under s 88.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Security of Payment Adjudication (Claimant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for COMMERCIAL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Identify reference dates, contract clauses, and confirm entitlement to claim under the BIF Act 2017.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Maxcon v Vadasz [2018] HCA 5 - pay-when-paid clauses are void under security of payment legislation. Any contractual provision that makes payment contingent on the payer receiving payment from a third party is of no effect.
Brodyn Pty Ltd v Davenport [2004] NSWCA 394 - contract coverage under the Act is a jurisdictional fact. If the contract is not a 'construction contract' under s 68, the adjudicator has no jurisdiction.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
CRITICAL: Per Southern Han Breakfast Point v Lewence Construction [2016] HCA 52, a valid reference date is an ESSENTIAL PRECONDITION for a valid payment claim - without one, the entire claim is jurisdictionally invalid.
Also check: per Forme Two v McNab Developments [2025] QSC 96, the payment claim must relate to work completed within 6 months prior to the claim (s 75(2)(b)) - compliance with this timeframe is a jurisdictional fact.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Draft s 75 Payment Claim, serve on Respondent, and monitor the 15-business-day response window for the s 76 Payment Schedule.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Lodge detailed Adjudication Application with the QBCC Adjudication Registry within statutory timeframes under s 79.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
BIF Act business day definition (s 67) - excludes:
Timeline cheat sheet from payment claim service:
QBCC adjudication application fees (2025-26, indexed annually):
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Under s 82(4) BIF Act, the respondent is LIMITED to reasons included in the payment schedule - any reason not stated in the schedule cannot be raised in the adjudication response. This is a significant tactical advantage for claimants: the application should systematically identify gaps or vagueness in the schedule reasons.
Per Baguley Build v Olcon [2025] QSC 126, vague or generic reasons (e.g., 'defective works') are insufficient - the adjudicator was correct to reject reasons not clearly articulated.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.