Security of Payment Act Payment Claim
Turn your invoice into a claim that can’t be ignored
An ordinary invoice can be ignored for months. A payment claim made under the Security of Payment Act can’t be. The respondent must either pay it or reply with a payment schedule within a strict time limit. If they don’t, they become liable for the full amount.
The payment claim is the foundation of everything that follows. Adjudications are won and lost on the strength of the claim, so it pays to get every detail right.
What to write on your invoice
In most states and territories, your invoice or claim must state that it’s made under the Act. Use this wording:
| State | Wording to include |
|---|---|
| NSW | “This is a payment claim made under the Building and Construction Industry Security of Payment Act 1999.” |
| VIC | “This is a payment claim made under the Building and Construction Industry Security of Payment Act 2002.” |
| WA | “This is a payment claim made under the Building and Construction Industry (Security of Payment) Act 2021.” |
| SA | “This is a payment claim made under the Building and Construction Industry Security of Payment Act 2009.” |
| TAS | “This is a payment claim made under the Building and Construction Industry Security of Payment Act 2009.” |
| ACT | “This is a payment claim made under the Building and Construction Industry (Security of Payment) Act 2009.” |
| QLD | Not required under the BIF Act, but the claim must request payment (a document headed “invoice” does this). Including the statement does no harm. |
| NT | Not required. The claim must meet your contract’s requirements, or the Act’s default rules if the contract is silent. |
In Victoria, the claim must also be in the prescribed form if one is set by regulation.
The wording alone isn’t enough
A valid, strong payment claim must also:
- Be made under a construction contract (written or verbal) that the Act covers.
- Be served at the right time: in most states, from the last day of each month you work, with one claim per month. In Queensland, SA and Tasmania it’s on each “reference date”, usually the last day of the month.
- Be within the time limit: for example, 12 months after the work was last done in NSW, the ACT and Tasmania, or 6 months in Queensland and SA.
- Name the parties correctly: the full legal name of the entity you contracted with, not a trading name.
- Describe the work properly: “bricklaying” isn’t enough. Say which part of the job, which part of the structure and what was done.
- Show how the amount is calculated: either the contract value and percentage complete, or the units of labour and materials and their rates.
- Be served properly on the respondent, by a method the Act or your contract allows.
Get any of these wrong and the claim can fail at adjudication, however much you’re owed.
What happens next
The respondent must pay or provide a payment schedule. They have 10 business days in most states, or 15 in Queensland and SA (less if the contract says so). If they don’t respond or don’t pay, you can move to adjudication.
From a valid payment claim to a judgment through adjudication can take around six weeks. Court proceedings for the same debt can take 6 to 12 months.
Let us prepare and serve it for you
We prepare payment claims, serve them correctly and on time, and if needed prepare the adjudication application with a solid submission and strong supporting evidence.
Payment claims start from $560 + GST. See Our fees.
Need help?
Call or contact us and we’ll walk you through it. See also your state’s page: NSW, VIC, QLD, WA, SA, TAS, ACT and NT.
This page is general information, not legal advice. Requirements depend on your state’s Act and your contract. Last reviewed October 2026.