Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when a Payment Claim has been properly served on the respondent under the BIF Act and the respondent has failed to serve any Payment Schedule within the statutory 15 business day period. In that situation, the respondent has no right to submit an Adjudication Response and the claimant can pursue a swift default adjudication or seek immediate summary judgment for the claimed amount.
Jurisdiction: Queensland, Australia. QBCC Adjudication Registry. This fork applies only where the respondent has failed to serve a Payment Schedule within 15 business days of receiving the Payment Claim (or a shorter period if specified in the contract).
The Process at a Glance: Once the 15 business day period expires without a Payment Schedule, the respondent loses the right to provide an Adjudication Response. The claimant lodges an Adjudication Application with the QBCC registry within the applicable time limit. Because no Payment Schedule was served, the adjudicator is not required to consider any reasons from the respondent and must determine the adjudicated amount based on the Payment Claim alone. Alternatively, the claimant can apply directly to a court of competent jurisdiction for summary judgment for the amount claimed, relying on the absence of a Payment Schedule as conclusive evidence that the debt is due. Whichever pathway is pursued, once the adjudicated amount or judgment is obtained, the claimant can proceed to register an Adjudication Certificate as a court judgment for enforcement.
Key Legislation and Case Law: Building Industry Fairness (Security of Payment) Act 2017 (Qld) - s 76 (respondent must serve Payment Schedule within 15 business days), s 79(2) (adjudication application where no payment schedule - timeframe runs from when payment schedule deadline expired), s 80(2B) (respondent has no right to lodge adjudication response where no payment schedule was served), s 82 (court proceedings - claimant may recover unpaid amount as a debt in a court where no payment schedule served). The absence of a Payment Schedule is an extremely powerful procedural lever under the BIF Act - it eliminates the respondent's right of participation in adjudication. Caution: ensure the Payment Claim itself strictly complies with s 69 requirements (including the statement that it is made under the BIF Act), as a non-compliant Payment Claim cannot be the basis for a valid Adjudication Application or court claim.
* 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) - Default Adjudication (No Payment Schedule) 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.
Confirm that no payment schedule was received within the 15-business-day statutory deadline under s 76.
Serve the mandatory s 77(2)(b) notice of intention to apply for adjudication on the Respondent and allow 5 BD for reply.
File Adjudication Application with the QBCC Adjudication Registry on the default pathway under s 79.
Receive the default adjudication decision and pursue enforcement if the adjudicated amount is not paid.
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