If the respondent fails to pay the whole or any part of the adjudicated amount by the "relevant date", the claimant may:
- Ask the ANA (Adjudicate Today) to provide an "adjudication certificate"; and/or
- Suspend future work or the supply of goods or services by giving 3 business days notice of such intention.
The "relevant date" is 5 business days after the respondent receives the determination or such later date as the adjudication determination may determine. After an adjudication review an application can be made immediately for a certificate. An adjudication review determination can require a claimant to repay money to a respondent.
An adjudication certificate:
- May be filed as a judgment debt, so that payment can be enforced in a court of competent jurisdiction; and
- Must be accompanied by an affidavit from the claimant stating that the whole or part of the adjudicated amount has not been paid (see next section headed "The Affidavit of Debt").
The issuing of an adjudication certificate allows a claimant or a respondent to convert an adjudication determination into a decision of a court of competent jurisdiction.
Courts of competent jurisdiction are:
- Magistrates Court for amounts up to $100,000.
- County Court for amounts exceeding $100,000 but not exceeding $200,000.
- Supreme Court for amounts exceeding $200,000.
An 'Adjudication Certificate' must state the:
- Name of the claimant;
- Name of the respondent;
- Adjudicated amount; and
- Date on which payment of the adjudicated amount was required to be paid to the claimant (the "relevant date").
The "adjudicated amount for an adjudication certificate" is comprised of the adjudicated amount determined by the adjudicator or review adjudicator; the amount of any interest payable on the adjudicated amount; and reimbursement to the claimant of the respondent's share of the adjudicator fee, if such fee was paid by the claimant.
DOWNLOAD A "REQUEST FOR AN ADJUDICATION CERTIFICATE" FORM
The following notes will assist in the completion of the form.
Section 1
1. The request must be lodged with the ANA (Adjudicate Today) which nominated the adjudicator.
2. The request cannot be made before the expiration of both 5 business days after the adjudicator’s determination was served on the respondent and the date (determined by the adjudicator) as the date on which the progress payment became payable. After an adjudication review it is not necessary to wait any period before applying.
3. The request cannot be made unless the whole or part of the adjudicated amount remains unpaid at the date of the request.
4. The request must be accompanied by the fee charged by Adjudicate Today for issue of the adjudication certificate.
5. Completion of sections 2 and 3 of the form is optional.
Section 2
1. Interest will not be included in the adjudication certificate unless the claimant completes section 2.
2. Interest must be calculated at the rate determined by the adjudicator in the adjudication determination. Interest is simple interest unless the adjudicator has determined otherwise.
3. In calculating interest, the date upon which the progress payment became payable (as determined by the adjudicator) should be included but the date of this application should not be included.
4. Interest should be calculated only on unpaid amounts. If an amount has been paid, interest is not payable for the date upon which payment was received.
5. Don’t calculate interest on adjudication fees.
6. The Act does not provide for interest on an amount payable to a respondent under an adjudication review application.
Section 3
1. If the claimant has paid the respondent’s share (or part of the respondent’s share) of the adjudication fees, the claimant should complete section 2 and provide Adjudicate Today with proof of payment.
2. Proof of payment may be the Adjudicate Today receipt, a statement by the claimant’s accountant, a statutory declaration or a statement by a person who is able to certify as to payment and non reimbursement.
Declaration
1. The claimant must complete the declaration at the foot of the application form.
2. If the claimant is a company then an officer duly authorised by the company should complete the application form.
3. The application can be made by post, fax or electronically.
Respondent Application
A respondent is entitled to apply for an adjudication certificate as a consequence of a Review Adjudication.
For further information:
INFORMATION FOR A RESPONDENT SEEKING AN ADJUDICATION CERTIFICATE
