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The issuing of an adjudication certificate by Adjudicate Today begins the process of enforcing the adjudication decision.

The adjudication certificate allows a claimant to formally advise the court that an adjudication decision has been made, the relevant date for payment of the adjudicated amount and the amount due to be paid under the decision.

The relevant date for payment of the adjudicated amount is 5 business days after the date on which the adjudicator’s decision is served on the respondent, or if the adjudicator decides a later date, such later date.

Once this period has elapsed, application can be made to Adjudicate Today for the issue of the adjudication certificate certifying the amount due.Toolbox

The amount due includes:

  • The amount decided 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 adjudication certificate.

Click: Download Application for adjudication Certificate form
*Note: This form is interactive. This means it can be EITHER filled out on screen and printed OR downloaded and printed for manual completion.

Adjudicate Today prepares and issues the adjudication certificate. The certificate is an important legal document and is checked and rechecked by staff and a director 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.

Unless the claimant has opted for fixed price adjudication where the value of the payment claim is less than $15,000, the issue of a certificate involves payment of a fee. Fees are based on the adjudicated amount, as follows:

Adjudicated Amount Fee $

Up to $15,000

$110

$15 001 to $40 000

$330

$40 001 to $750 000

$550

over $750 000

$825

The following notes will assist in the completion of the form.

Section 1

  • The request must be lodged with the ANA (Adjudicate Today) which nominated the adjudicator.

  • The request cannot be made before the expiration of both 5 business days after the adjudicator’s determination was served on the respondent and the date (determined by the adjudicator) as the date on which the progress payment became payable.

  • The request cannot be made unless the whole or part of the adjudicated amount remains unpaid at the date of the request.

  • The request must be accompanied by the fee charged by Adjudicate Today for issue of the adjudication certificate.

  • Completion of sections 2 and 3 of the form is optional.

Section 2

  • Interest will not be included in the adjudication certificate unless the claimant completes section 2.

  • Interest must be calculated at the rate determined by the adjudicator in the adjudication decision.  Interest is simple interest unless the adjudicator has decided otherwise.

  • In calculating interest, the first day is the day after the due date of payment.

  • Interest should be calculated only on unpaid amounts. 

  • Don’t calculate interest on adjudication fees.

Section 3

  • If the claimant has paid the respondent’s share (or part of the respondent’s share) of the adjudication fees, the claimant should complete section 2.

Declaration

  • The claimant must complete the declaration at the foot of the application form.

  • If the claimant is a company then an officer duly authorised by the company should complete the application form.

  • The application can be made by post, fax or email.

In order to secure court judgement for the adjudicated amount, the claimant must file the adjudication certificate (with an affidavit of debt) in any court of competent jurisdiction.

  • Magistrates Court not exceeding $50,000

  • District Court not exceeding $250,000

  • Supreme Court in excess of $250,000

Please move to the next step on the "Payment Schedule served flowchart" being "Court Registrar enters Judgement and Enforcement of Decision".

Click: Payment Schedule Served flowchart

or

Click: Scrap the chart, go to the next step


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