Legal Project Management Plan & Checklist
Purpose of this Guide: Open this plan when your client has received a Payment Claim under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) and is the respondent to the claim - that is, the party being asked to pay. Use this plan to prepare and serve a compliant Payment Schedule and, where necessary, defend an adjudication. Time limits under the BIF Act are extremely short and missing them has severe consequences.
Jurisdiction: Queensland, Australia. Adjudications are administered by the QBCC Adjudication Registry. There are no forks in this plan.
The Process at a Glance: The process begins immediately on receipt of a Payment Claim. The respondent must assess whether the claim is valid under the BIF Act, review the contract, and determine what amount (if any) they accept is owing. A Payment Schedule must be served on the claimant within 15 business days of receiving the Payment Claim - or a shorter period if the contract provides for it. Failure to serve a Payment Schedule means the respondent loses the right to participate in adjudication and may face direct court proceedings for the full claimed amount. Once a Payment Schedule is served, if the claimant proceeds to adjudication, the respondent has 5 business days to lodge an Adjudication Response with the QBCC, strictly confined to the reasons given in the Payment Schedule. The adjudicator reviews both submissions and delivers a decision, typically within 10 business days of receiving the response. If the adjudicator awards an amount, the respondent must pay within 5 business days or face the claimant obtaining a court judgment via the adjudication certificate route. Options to challenge the adjudication outcome are limited - judicial review is available on jurisdictional error grounds only.
Key Legislation and Case Law: Building Industry Fairness (Security of Payment) Act 2017 (Qld) - s 76 (payment schedule - 15 business day deadline, must specify the scheduled amount and all reasons for withholding any amount), s 77 (consequences of failing to serve a payment schedule - respondent cannot provide adjudication response and claimant may sue for full amount), s 79 (adjudication application by claimant), s 80 (Adjudication Response - must be lodged within 5 business days and is confined to payment schedule reasons), s 88 (adjudicator's decision - target 10 business days), s 90 (payment of adjudicated amount - 5 business days), s 93 (certificate filed as court judgment). Key cases: Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd [2018] HCA 4 - confirming that BIF Act adjudication decisions are interim determinations only and that final rights are determined by a court or tribunal on the merits. John Holland Pty Ltd v Roads and Traffic Authority of NSW [2007] NSWCA 19 - adjudicator must afford natural justice but the process is designed for speed not perfect procedural fairness. Practical note: the Payment Schedule is the respondent's single most important document. Every reason for withholding must be stated in it, as reasons not in the Payment Schedule cannot be raised in the Adjudication Response.
* 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.
Perform works assessment, compile defect backcharges, and verify the value of works completed to establish all withholding reasons.
Serve s 76 Payment Schedule on the claimant within statutory timeframes, including ALL withholding reasons to preserve them for adjudication under s 82(4).
Assess claims, determine complexity tier (standard/complex/very complex), calculate response deadline under s 83, and identify jurisdictional objections.
Draft and lodge comprehensive s 82 Adjudication Response with the QBCC Adjudication Registry within statutory timeframes.
Review adjudicator's s 88 decision, comply with s 90 payment terms (5 BD), or prepare Supreme Court stay application under s 95.
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