WA: Claimant Applies for Certified Determination
To enforce the adjudication determination as a monetary judgment of the court, the claimant must apply for and obtain a copy of the certified determination from Western Australia Building and Energy.
The certified copy of the determination along with an affidavit as to the amount owed and the court form will then need to be filed in the correct court to commence civil judgement enforcement processes.
The certified determination allows a claimant to formally advise the court that an adjudication determination has been made, the relevant date for payment and the amount due to be paid under the determination.
The "relevant date" for payment of the adjudicated amount is 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.
The amount due includes:
- The amount determined by the adjudicator;
- The respondent's share, if any, of adjudication fees paid by the claimant; and
- Interest, if any, on the unpaid progress payment from the due date of payment to the date of the issue of the certified determination.
Application for the issue of a certified copy of the adjudication determination is made to Western Australia Building and Energy. Simply email determinations@dmirs.wa.gov.au. Your email should provide the parties names, the Adjudicate Today reference number, the name of the adjudicator who issued the determination and an electronic copy of the determination (if you don't have one, Adjudicate Today will email it to you).
Please move to the next step on the WA flowchart being "Court Registrar enters Judgement of Certified Determination. Enforcement of Court Decision. Payment Process under the Act complete."
