VIC: Claimant Applies for Adjudication Certificate

To enforce the adjudication determination, the Claimant must apply for and obtain an adjudication certificate.

The Adjudication Certificate allows a Claimant to formally advise the court that an adjudication determination has been made, the relevant date for payment and/or release and the amount due to be paid and/or released under the determination.

The Adjudication Certificate may include the following amounts:

• the adjudicated amount payable or to be released;
• any amount of interest payable;
• any adjudicator’s fee determined to be payable by the Respondent; and
• any fee charged by Adjudicate Today for providing the certificate.

When can the Claimant apply for an Adjudication Certificate?

The Respondent is to pay or release the adjudicated amount, plus any interest and adjudicator’s fee determined payable by the Adjudicator within 5 business days after the date on which the adjudicator's determination is served on the Respondent, or such later date as the adjudicator determines. Once the relevant date has elapsed, application can be made to Adjudicate Today for the adjudication certificate.

How can the Claimant request an Adjudication Certificate?

The Claimant may request an Adjudication Certificate by completing and submitting the Request for an Adjudication Certificate Form with Adjudicate Today. The form must be accompanied by the relevant fee.

The fee for the issue of an adjudication certificate is outlined on the Request for an Adjudication Certificate Form and Adjudication Fees page.

Adjudicate Today prepares and issues the adjudication certificate. The certificate is an important legal document and is checked and rechecked by staff and management of Adjudicate Today before it is issued. It is a tedious and lengthy process to issue a second "original" certificate unless the first has been returned. Therefore, every care needs to be taken to preserve the certificate prior to filing in the court.

How is the Adjudication Certificate enforced?

The claimant files the certificate in a court of appropriate jurisdiction together with an affidavit of debt upon which the court should enter judgment. The affidavit of debt outlines that the whole or a part of the adjudicated amount (including interest and the adjudicator’s fees) have not been paid at the time the certificate is filed.

Filing the certificate together with the affidavit of debt and receiving judgment for the debt can take less than 20 minutes. The judgement debt is then enforceable in the same way as any court judgement in Victoria.

Enquiries relating to enforcement should to be directed to the relevant Court:

• Magistrates' Court not exceeding $100,000.
• County Court for unlimited amounts.
• Supreme Court in excess of $200,000.

Flowchart