HOW MUCH DOES IT COST FOR ADJUDICATION?
By not charging an adjudication application fee, parties have the benefit that if a matter is withdrawn before the adjudicator commences work, the parties have nothing to pay. Generally fees are lower than other ANAs and our standards substantially higher.
Adjudication fees include the application fee, (currently $Nil), the adjudicator fee (which includes an Adjudicate Today service fee which is paid by the adjudicator) and any disbursements. Adjudicators do not bill the claimant until the adjudication decision has been completed or is withdrawn by the parties after work on the decision commenced.
Under the Act, all fees are shared equally by the claimant and the respondent unless the adjudicator determines differently. Most adjudicators will award 100% of their fee against the respondent if the payment claim is found to be wholly justified. Therefore a successful claimant should expect to recover most if not all the fees for the adjudication. If necessary, recovery of the adjudicator fee can be by application for a certificate of adjudication
If issues are kept simple and the submissions of the parties are complete, clear and concise, adjudicator fees can be kept to a minimum. The process is intended to be informal, inexpensive and quick.
Fees (all amounts are GST inclusive):
- Application fee $Nil ($0:00)
- Adjudicator fees are charged at an hourly rate and based on the grade of the adjudicator.
Grade 1 $260 Grade 2 $363 Senior $407
Only experienced adjudicators are appointed Grade 2 or Senior. The majority of claims are completed in 8 hours or less however large claims; multiple claims; claims in which the respondent argues the dispute is outside the jurisdiction of the Act and/or raises other complex legal arguments; poorly presented claims or responses; or claims in which parties request conferences or inspections can exceed 8 hours.
It is wrong to assume that senior adjudicators will necessarily be more expensive. Our practical experience is that the more senior the adjudicator, the less time is required to finalise a determination. Adjudicators do not bill for a minimum number of hours. Only actual hours worked are billed. Unlike some other nominating authorities, we do not charge a separate administration fee or like.
- Adjudicate Today adjudicators offer fixed price adjudications for small claims.
- Up to $15,000 - fixed price of $1,089
- From $15,001 to $25,000 - fixed price of $2,178
- From $25,001 to $40,000 - fixed price of $3,300
- If following receipt of the adjudicator's determination, a respondent fails to pay the adjudicated amount within 5 business days (or a later time as determined by the adjudicator), a claimant may request an adjudication certificate to present to the court of competent jurisdiction and enforce the statutory debt. The cost of issuing this certificate may be added to the statutory debt and is generally 100% recoverable from the respondent.
Up to $15,000 $110 $15,001 to $40,000 $330 $40,001 to $750,000 $550 over $750,000 $825
- The adjudicator pays Adjudicate Today a service fee for the cost of nomination and handling of adjudication matters. The service fee is deducted from the adjudicator fee. It is not an additional fee to parties. An Adjudicate Today adjudicator does not bill extra time to cover the cost of the service fee or for administrative time.
- Parties can have a lawyer prepare submissions to the adjudicator however the Act prohibits legal representation at any conference or inspection. Legal costs are not recoverable.
- All quoted prices include GST.
- Unless otherwise advised in advance, any disbursements are charged at cost.
- All fees are current as at 10 February 2015.