Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when an adjudicator has delivered a decision under the BIF Act awarding the claimant a sum, the 5 business day payment deadline has passed, and the respondent has not paid the adjudicated amount. This fork guides the practitioner through obtaining an Adjudication Certificate from the registry and filing it as a court judgment for civil enforcement.
Jurisdiction: Queensland, Australia. The Adjudication Certificate is filed in the court of competent jurisdiction based on the amount: Magistrates Court for amounts up to $150,000; District Court for $150,001 to $750,000; Supreme Court for amounts exceeding $750,000. Enforcement then proceeds under the Uniform Civil Procedure Rules 1999 (Qld).
The Process at a Glance: Once the 5 business day payment deadline under s 90 of the BIF Act has passed without payment, the claimant applies to the QBCC Adjudication Registrar for an Adjudication Certificate under s 91. The certificate is then filed in the appropriate court with a supporting Affidavit of Debt under s 93, which registers the adjudicated amount as a judgment debt of that court. From that point, the full range of civil enforcement options under the UCPR is available: enforcement warrants for seizure and sale, redirection of earnings, redirection of debts, and charging orders over real property. If the respondent is an insolvent company, a statutory demand under the Corporations Act 2001 (Cth) s 459E may be served as an alternative enforcement pathway.
Key Legislation and Case Law: Building Industry Fairness (Security of Payment) Act 2017 (Qld) - s 90 (payment due 5 business days after adjudication decision), s 91 (Adjudication Certificate - application to the QBCC Adjudication Registrar), s 93 (filing certificate as court judgment - requires filing the certificate and an Affidavit of Debt; respondent may apply to set aside if adjudicated amount has been paid). Uniform Civil Procedure Rules 1999 (Qld) - Chapter 19 (enforcement warrants). Corporations Act 2001 (Cth) - s 459E (statutory demand, $4,000 minimum threshold). Court jurisdiction thresholds: Magistrates Court to $150,000; District Court to $750,000; Supreme Court unlimited. Important: the respondent cannot use the court registration proceedings to challenge the merits of the adjudication decision. Their only remedy is to bring separate proceedings and obtain a stay.
* 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) - Enforcing Certificate as Court Judgment 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.
Obtain the Adjudication Certificate from the QBCC Adjudication Registrar under s 91 after confirming non-payment by the s 90 deadline.
File the Adjudication Certificate and Affidavit of Debt in the court of competent jurisdiction under s 93 to register as a judgment debt.
Apply for enforcement warrants under the UCPR to execute the judgment debt against the respondent's assets.
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