Legal Project Management Plan & Checklist
Purpose: This is the practitioner roadmap for managing a Security of Payment claim response from the respondent's perspective in Queensland. Designed for construction defence lawyers, this guide covers payment schedule preparation, adjudication response strategy, and post-determination compliance. Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Jurisdiction: Queensland, Australia. All adjudication matters are administered through the QBCC Adjudication Registry. 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 BIFOLA 2024 (effective 1 July 2024). Key defensive provisions: s 75 (payment claims - validity requirements), s 76 (payment schedules - 15 business days to respond), s 77 (consequences of not providing a schedule - offence with fines up to 100 penalty units), s 82 (adjudication responses), s 82(4) (respondent limited to reasons in the payment schedule), s 83 (response timeframes - 10/15/30 BD by complexity tier), s 88 (adjudicator's decision), s 90 (payment within 5 BD), s 95 (stay of adjudication decision pending judicial review). Business days exclude weekends, QLD public holidays, and 22 December to 10 January inclusive (s 67).
Key Case Law: Baguley Build v Olcon [2025] QSC 126 (payment schedule reasons must be SPECIFIC and comprehensive - adjudicator correct to reject new reasons not clearly articulated); CPB Contractors v MSS Projects [2025] QSC 239 (existence of valid payment schedule is a jurisdictional fact); Taringa Property Group v Kenik [2024] QSC 327 (stay of enforcement possible even when contractor NOT in liquidation - financial position and repayment likelihood considered); York Property Holdings v Tomkins [2025] QCA 204 (Court of Appeal upheld pay now argue later - refused injunction to restrain payment). Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Process at a Glance: (1) Receive and verify the validity of the Payment Claim under s 75. (2) Assess the claimed works, calculate defect backcharges, and compile all withholding reasons. (3) Draft and serve a comprehensive Payment Schedule under s 76 within 15 business days, including ALL reasons for withholding (s 82(4) bars new reasons in adjudication). (4) If an Adjudication Application is received, classify complexity (standard/complex/very complex) and calculate response deadline (10/15/30 BD under s 83). (5) Draft and lodge the Adjudication Response under s 82 with the QBCC Registry. (6) Review the decision and either comply with s 90 payment terms or evaluate Supreme Court judicial review options. Additional forms are accessible via the Queensland Government Portal.
* 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 (Respondent) 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.
Verify validity of the payment claim under s 75, check reference date under s 70, and calculate the 15 BD response deadline.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
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 and the adjudicator has no power to determine it.
Forme Two v McNab Developments [2025] QSC 96 - the payment claim must relate to work completed within the 6-month claim window under s 75(2)(b). Compliance with this timeframe is a jurisdictional fact.
CPB Contractors v MSS Projects [2025] QSC 239 - the existence of a valid payment schedule is itself 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.
Perform works assessment, compile defect backcharges, and verify the value of works completed to establish all withholding reasons.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Serve s 76 Payment Schedule on the claimant within statutory timeframes, including ALL withholding reasons to preserve them for adjudication under s 82(4).
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.
CRITICAL - s 82(4) lockout rule: Any reason for withholding NOT included in the payment schedule CANNOT be raised later in an adjudication response. This is one of the most important tactical considerations for respondents.
Per Baguley Build v Olcon [2025] QSC 126, reasons must be SPECIFIC - vague or generic reasons like 'defective works' are insufficient and will be rejected by the adjudicator.
Timeliness of service is critical - late service is equivalent to no schedule, which:
CPB Contractors v MSS Projects [2025] QSC 239 - valid payment schedule is a jurisdictional fact.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
CRITICAL - s 82(4) lockout: Any reason for withholding NOT in this schedule CANNOT be raised later in adjudication. This is the single most important respondent document.
Per Baguley Build v Olcon [2025] QSC 126, reasons must be SPECIFIC and COMPREHENSIVE - the adjudicator was correct to reject 'new reasons' not clearly articulated in the original payment schedule.
CPB Contractors v MSS Projects [2025] QSC 239 - the existence of a valid payment schedule is itself a jurisdictional fact.