Legal Project Management Plan & Checklist
Purpose: This is the specialised practitioner roadmap for managing a default adjudication claim where no payment schedule is received in Queensland. Designed for construction litigators, this guide details the s 77 notice process and default adjudication pathway. Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Jurisdiction: Queensland, Australia. All applications are lodged with the QBCC Adjudication Registry. Verify current guidelines on the official .
Governing Legislation: Building Industry Fairness (Security of Payment) Act 2017 (QLD) (BIF Act), specifically s 77 (consequences of not providing a payment schedule). Under the BIF Act, failure to provide a payment schedule is an offence carrying fines up to 100 penalty units. The former BCIPA 2004 was repealed on 17 December 2018.
Process at a Glance: (1) Confirm the Respondent has failed to serve a Payment Schedule within 15 business days under s 76. (2) Serve a s 77(2)(b) notice of intention to apply for adjudication on the Respondent. (3) Allow the Respondent 5 business days after receiving the notice to provide a payment schedule. (4) If no schedule is received within 5 BD, lodge the Adjudication Application with the QBCC Registry under s 79 within 30 business days after the payment claim became due. (5) In a default adjudication, the respondent is not entitled to lodge an adjudication response and the adjudicator must decide the matter on the material available. Additional forms are accessible via the Queensland Government Portal.
* 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 Adjudication (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.
Confirm that no payment schedule was received within the 15-business-day statutory deadline under s 76.
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.
Business days under s 67 exclude Saturdays, Sundays, QLD public holidays, and 22 December to 10 January inclusive (Christmas shutdown).
Under the BIF Act, failure to provide a payment schedule is an offence carrying fines up to 100 penalty units for the respondent.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Strategic considerations for debt recovery vs default adjudication:
Consider: speed, cost, enforceability, the respondent's likely financial position, and whether the respondent might raise substantive defences if given the opportunity.
Serve the mandatory s 77(2)(b) notice of intention to apply for adjudication on the Respondent and allow 5 BD for reply.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
File Adjudication Application with the QBCC Adjudication Registry on the default pathway under s 79.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
QBCC adjudication application fees (2025-26, indexed annually):