Adjudication Fees
Payment Claim Amount (including GST) |
Adjudication Fee (All fees are GST inclusive) |
---|---|
Up to $5,000 | $900 (fixed rate) |
From $5,001 to $15,000 | $1,500 (fixed rate) |
From $15,001 to $25,000 | $2,700 (fixed rate) |
From $25,001 to $50,000 | $5,100 (fixed rate) |
Over $50,000 | Hourly Adjudicator rate (based on the grade of adjudicator appointed) Grade 1 = $285/hr Grade 2 = $410/hr Senior/Chief = $495/hr |
Please note:
- Importantly, unlike some other ANAs:
- Adjudicate Today does not charge an administrative fee to apply for Adjudication.
- Payment is only due once the adjudicator completes the determination or the claimant withdraws after the adjudicator commences work.
- Adjudicate Today’s fixed rates are the same or less than any recommended government approved fees.
Under the various Acts, an adjudicator is entitled to be paid fees and expenses for adjudicating an adjudication application. All fees are shared equally by the claimant and the respondent unless the adjudicator determines differently. However, adjudicators may award 100% of their fee against the respondent if the payment claim is found to be 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 (not available under the Victorian legislation).
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.
Adjudicate Today will advise the parties when the determination/decision of the Adjudicator is available and, upon all adjudication fees and expenses being paid, communicate the determination to the parties. The invoice for adjudication fees will be initially sent to the Claimant for payment.
The information provided on this page is not applicable to Queensland adjudication applications, as the Adjudication Registrar appoints the adjudicator and sets the fees.
Review Adjudication Fees
- Victoria has a process of Review Adjudication. The fee for Victorian Review Adjudication is $660 per hour (minimum 6 hours). There is no application fee.
- Under the Western Australia Security of Payment Act (i.e. for contracts made on or after 1st August 2022), there is a different process of Review Adjudication. The fee for Western Australian Review Adjudication is $660 per hour (minimum 6 hours). There is no application fee.
Adjudication Certificate Fees
Adjudicated Amount (including GST) |
Adjudication Certificate Fee (All fees are GST inclusive) |
---|---|
Up to $15,000 | $110 |
From $15,001 to $40,000 | $330 |
From $40,001 to $750,000 | $550 |
Over $750,000 | $825 |
Adjudication Certificate
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.
In Western Australia, the applicant applies for a certified copy of the adjudication determination from Building and Energy. Information is available:
- Contracts made before 1st August 2022. Click here for full details.
- Contracts made on or after 1st August 2022. Click here for full details.
Notes:
- 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.
- Adjudicate Today passes on the surcharge imposed by 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 from 1 February 2024 and include GST.