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What can the claimant recover after adjudication?

The claimant may recover what has been determined by the adjudicator and certified by the ANA. This will be the amount of the payment due and may also include the:

  • respondent’s share, if any, of fees paid by the claimant, and
  • interest on any unpaid progress payment from the date due to the date of the certificate.

How do I recover a debt after adjudication under the Security Of Payment Act?

If the respondent does not pay the amount determined by the adjudicator you may secure judgement for the adjudicated amount by:

  • requesting the ANA (who nominated the adjudicator) to give you an adjudication certificate certifying the amount due to you, and
  • filing the adjudication certificate (with an affidavit of debt) in any court of competent jurisdiction.

A sample  form for an affidavit of debt is provided below. The ANA prepares the adjudication certificate. The claimant must prepare the affidavit of debt and swear the affidavit before a Justice of the Peace or a solicitor. Fees will be payable to the ANA and the court. The court will then give the claimant a certificate of judgement. Courts of competent jurisdiction are:

  • Local Court for amounts of up to $60,000
  • District Courts for amounts exceeding $60,000 but not exceeding $750,000
  • Supreme Court for amounts exceeding $750,000

The advantages of this process include the fact that there is no need to issue a summons and, if the respondent wishes to stop the enforcement of the judgement, the respondent must make an application to the court to set aside the judgement.

If the respondent makes such an application the respondent must pay into court as security the unpaid portion of the  adjudicated amount. This eliminates the advantage, which a respondent had when the respondent could retain the disputed amount while legal proceedings were in progress.

if the respondent makes application to set aside the judgement for the adjudicated amount, the claimant will usually need a solicitor to assist the claimant to oppose the application.

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