Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when a Payment Claim has been properly served on the respondent under the NSW Security of Payment Act and the respondent has failed to serve any Payment Schedule within the statutory 10 business day period. In this default scenario, the claimant can pursue default adjudication (Pathway C) by serving a mandatory s17(2) 'Second Notice' of intention to apply for adjudication. This notice serves as a jurisdictional condition precedent; filing an application without it constitutes a fatal jurisdictional error. Verify current guidelines on the official NSW Legislation. Access services via the NSW Courts.
Complete the mandatory jurisdictional gateway step for default adjudication.
Jurisdiction: New South Wales, Australia. Adjudications are administered by an authorised nominating authority (such as Adjudicate Today or similar) under the Building and Construction Industry Security of Payment Act 1999 (NSW). This fork applies only where the respondent failed to provide a Payment Schedule within the statutory 10 business days. Verify current guidelines on the official NSW Legislation. Access services via the NSW Courts.
The Process at a Glance: Once the 10-business-day response window expires without a Payment Schedule, the respondent becomes a statutory debtor. To pursue adjudication, the claimant must serve a Section 17(2) notice of intention within 20 business days of the payment due date. This notice gives the respondent a final 5 business days to provide a Payment Schedule. If the respondent still fails to provide a schedule, the claimant has 10 business days after the end of that 5-day window to lodge the Adjudication Application. Because no schedule was provided, the respondent is statutorily barred from submitting an Adjudication Response, meaning the adjudicator makes the determination based on the claimant's submissions alone. Verify current guidelines on the official NSW Legislation. Access services via the NSW Courts.
Key Legislation and Case Law: Building and Construction Industry Security of Payment Act 1999 (NSW) - s 14(4) (10 business day schedule deadline), s 17(1)(b) (adjudication when no schedule served), s 17(2) (mandatory second notice requirement), s 20(2A) (respondent cannot lodge adjudication response if no payment schedule served). Key cases: Claire Rewais and Osama Rewais t/as McVitty Grove v BPB Earthmoving Pty Ltd [2020] NSWCA 103 (strict service rules apply to s 17(2) notices). Note: The s 17(2) notice is an absolute condition precedent - failure to serve it or filing the application before the 5-day response window expires will invalidate the entire adjudication.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Security of Payment Act Claim (Claimant) - Default Adjudication (No Payment Schedule) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for COMMERCIAL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Submit the default claim to the ANA for determination.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Exclusion of respondent submissions verified and determination secured.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.