Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when a Payment Claim has been properly served under the Building and Construction Industry Security of Payment Act 2002 (Vic) and the respondent has failed to serve any Payment Schedule within 10 business days of service. In this situation, the claimant must serve a Section 18(2) Notice of Intention to Apply for Adjudication within 10 business days of the statutory payment due date passing. The respondent then has exactly 5 business days from receipt of this notice to provide a payment schedule. If they remain silent, the claimant has a strict 5-business-day window to lodge the adjudication application with the ANA.
Jurisdiction: Victoria, Australia. Adjudications administered by an ANA approved under the Act. This fork applies only where no Payment Schedule was served within 10 business days of the Payment Claim service date.
The Process at a Glance: Once the 10-business-day payment schedule window expires without a response, the claimant serves a Section 18(2) Notice within 10 business days of the statutory due date. The respondent has exactly 5 business days from receipt to provide a payment schedule. If no schedule is served, the claimant has 5 business days from the expiry of that period to lodge the Adjudication Application with the ANA. The adjudicator determines the application within 10 business days. If the adjudicated amount is unpaid after 5 business days, the claimant applies for the Adjudication Certificate and registers it as a judgment debt in court.
Key Legislation and Case Law: Building and Construction Industry Security of Payment Act 2002 (Vic) - s 15 (payment schedule - 10 business day deadline under post-April 2026 amendments), s 18(1)(b) (adjudication application where no schedule - 5 BD after expiry of s 18(2) notice period), s 18(2) (notice of intention to apply for adjudication - must be served within 10 BD of statutory payment due date passing). Key risk: the s 18(2) notice window is a jurisdictional precondition. Missing the 10-business-day service window for the notice is a permanent, non-curable defect that bars adjudication in that claim cycle.
* 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 Act Claim (Claimant) - Default Adjudication (No Payment Schedule - s 18(2) Notice Pathway) 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 10-business-day statutory deadline and calculate the s 18(2) notice service window.
Serve the mandatory s 18(2) Notice and allow 5 business days for the respondent to provide a payment schedule.
Lodge the Adjudication Application with the ANA within the strict 5-business-day window under s 18(1)(b).
Receive the determination and enforce it by applying for an Adjudication Certificate if the adjudicated amount is not paid within 5 business days.
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