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Victoria Security of Payment Act Flowchart

How a payment claim moves through the Victoria security of payment process, from serving your claim to enforcing an adjudication decision. Find the step you’re at and check your deadlines.

You (claimant)Respondent (who owes you)AdjudicatorCourt
Step 1 · You

Serve your payment claim

  • On and from the last day of each month you carry out work. No reference dates since 15 April 2026. One claim per month.
  • No later than 6 months after practical completion of all the work (or a later date set by your contract).
  • The claim must identify the work, state the amount and say it is made under the Act.
  • These rules also apply to contracts signed before 15 April 2026.
Step 2 · Respondent

Respondent has 10 business days to serve a payment schedule

Or less if your contract says so. A schedule offering less than you claimed must give the reasons. The respondent can't add new reasons later.

✓ Payment schedule served in time
If the schedule offers less than you claimed

Apply for adjudication

Within 10 business days of receiving the payment schedule.

OR, IF THE SCHEDULED AMOUNT ISN'T PAID BY THE DUE DATE
Scheduled amount unpaid

Recover it or apply for adjudication

  • Recover the unpaid scheduled amount as a debt in court, or
  • apply for adjudication within 10 business days of the due date.
  • You can also suspend work on 3 business days written notice.
✗ No payment schedule served in time
No schedule in time

Respondent owes the full claimed amount

If the respondent doesn't serve a payment schedule in time, they become liable to pay the full amount you claimed by the due date.

IF IT ISN'T PAID BY THE DUE DATE
Your options

Recover it or apply for adjudication

  • Recover the full claimed amount as a debt in court, or
  • apply for adjudication: first serve a notice within 10 business days after the due date, allow the respondent 5 business days to serve a schedule, then apply within 5 business days after that.
  • You can also suspend work on 3 business days written notice.

A respondent who didn't serve a schedule in time can't lodge an adjudication response.

Step 4 · Adjudication

The adjudicator decides

  • Apply to an authorised nominating authority of your choice.
  • The respondent can respond within 5 business days of receiving your application or 2 business days after the adjudicator accepts it, whichever is later.
  • The adjudicator decides within 10 business days. The parties can agree to extend this by up to 20 business days.
Step 5 · Respondent

Respondent must pay within 5 business days

After a copy of the decision is given to them, or by a later date the adjudicator sets.

Step 6 · Enforcement

Not paid? Turn the decision into a judgment

  • Ask the authorised nominating authority for an adjudication certificate.
  • File the certificate as a judgment debt in a court with jurisdiction, with an affidavit stating what is unpaid.
  • Enforce the judgment, for example with a garnishee order or a writ. A respondent who applies to set it aside must pay the unpaid amount into court as security and can't re-argue the contract.
  • You can also suspend work on 3 business days notice until you're paid.

Simplified guide to the Building and Construction Industry Security of Payment Act 2002 (Vic) as amended from 15 April 2026. Your contract can shorten some of these times. General information only, not legal advice. Last reviewed October 2026.

Not sure where you're up to? Call 1300 732 687 or contact us and we'll tell you your deadlines.