Adjudicate Today Fee Policy
How Much Does Adjudication Cost?
Our adjudication application fee (appointment fee in WA) is $Nil.
By not charging an application fee, parties have the benefit that if a matter is withdrawn before the adjudicator commences work, the parties have nothing to pay.
Adjudication fees include the application fee, ($Nil), the adjudicator fee (which includes an Adjudicate Today service fee and is paid by the adjudicator) and any disbursements.
Other than for the most exceptional circumstances (never in the last 20 years), adjudicators do not bill the claimant (applicant in WA) until the adjudication determination has been completed or is withdrawn by the parties after work on the determination commenced.
Under the Act, all fees are shared equally by the claimant and the respondent unless the adjudicator determines differently.
In the eastern states, 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.
In Western Australia, the adjudicator must evenly divide their fee unless the adjudicator is satisfied that a party incurred costs of the adjudication because of frivolous or vexatious or unfounded conduct.
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)
- Fixed fee. At the time of making an adjudication application, the claimant may request a fixed fee adjudication for payment claims of less than $40,000. If the claimant’s request is accepted by the nominated adjudicator, the fixed fee adjudication will be confirmed in the notice of acceptance of the adjudication application that will be issued to the parties.
- 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
- Hourly rates. For all payment claims above $40,000, adjudicator fees are charged at an hourly rate and based on the grade of the adjudicator.
Only experienced adjudicators are appointed Grade 2 or Senior. The majority of small value claims are completed in 8 hours or less (12 hours in WA) 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 ANAs, we do not charge a separate administration fee or like.
- In the eastern states, if following receipt of the adjudicator's determination, a respondent fails to pay the adjudicated amount within 5 business days (or later time as determined by the adjudicator), a claimant may request an adjudication certificate to present to a court of competent jurisdiction and enforce the statutory debt. The cost of issuing this certificate may be added to the statutory debt (not in Victoria) and is recoverable from the respondent in the same proportion as determined by the adjudicator in relation to all fees.
|Up to $15,000||$110|
|$15,001 to $40,000||$330|
|$40,001 to $750,000||$550|
- In Western Australia, the applicant requires a certified copy of the determination. This is available from Building and Energy. Click here for full details.
- The adjudicator pays Adjudicate Today a service fee which includes the cost of processing and administration of adjudication matters, collecting fees, paying of staff, overheads for 7 offices across Australia and the promotion of security of payment Acts and adjudication generally. The service fee is one-third of the adjudicator's fee and 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 (not in Victoria or Western Australia where legal representation is permitted if the parties and adjudicator agree). Legal costs are not recoverable.
- Victoria has a process of Review Adjudication. Fees for Review Adjudication are detailed here.
- All quoted prices include GST.
- Additionally, we do charge our actual cost for the use of a Visa or MasterCard. American Express and Diners is not accepted.
- Unless otherwise advised in advance, any disbursements are charged at cost.
- All fees are current at 14 April 2020.