***We will update this webpage soon as a result of the December 2014 changes to the legislation. In the meantime, please seek advice about the changes to the legislation.***

The adjudication process

If the person making the claim isn’t satisfied with the reasons you have given on the payment schedule they can apply to have an independent adjudication review the claim.

To do this, they need to lodge an application with an Authorised Nominating Authority (“ANA”) who appoints an independent adjudicator.

The person making the claim will then serve an adjudication application on you.  You will need to respond to this via an adjudication response to the adjudicator and the claimant.

What does the adjudicator do?

The adjudicator will review the payment claim, the adjudication application, the payment schedule and the adjudication response and make a decision.

This decision is binding on both parties and you will need to pay the claimant within 5 days of receiving the decision.  If you do not, the claimant may take steps to register the decision as a Court judgement, which may have an impact on your credit rating.  In limited circumstances you may apply to the Supreme Court to have the decision set aside. In such cases, please seek legal advice.

There are strict timelines under BCIPA that all parties must comply with including adjudicators.  It is a rapid dispute resolution process and it’s vital that your information is presented clearly.

For more information on the adjudication process and how to best present your information download our free BCIPA guide.

Good advice is invaluable.  If you find yourself managing a difficult payment claim, contact us for advice on 07 3220 0299.