Avoid potential security of payment exposure during the festive season

17.12.2020
View a state by state summary of payment timeframes during the 2020/2021 festive period.
What to do if you receive:
  • a payment claim: you must respond with a payment schedule within the time limits prescribed by law;
  • an adjudication application: you must provide your detailed adjudication response within the time limits prescribed by the law.

Timeframes by jurisdiction

ACT Navigation Show below Hide below

Payment schedule

Before the earlier of:

  • 10 business days of receiving a payment claim; or
  • the time limit specified in the contract.

Adjudication response

Before the later of:

  • 7 business days after receiving the adjudication application; or
  • 5 business days after receiving notice of the adjudicator's acceptance of the application.

Business days under the SOP Act during 19 December 2020 to 4 January 2021

  • Monday, 21 December 2020;
  • Tuesday, 22 December 2020;
  • Wednesday 23 December 2020;
  • Thursday 24 December 2020; and
  • Monday, 4 January 2021.

NSW Navigation Show below Hide below

Payment schedule

Within the earlier of:

  • 10 business days of receiving a payment claim; or
  • the time limit specified in the contract.

Adjudication response

Within the later of:

  • 5 business days after receiving the adjudication application; or
  • 2 business days after receiving notice of the adjudicator's acceptance of the application.

Business days under the SOP Act during 19 December 2020 to 4 January 2021

  • Monday, 21 December 2020;
  • Tuesday, 22 December 2020;
  • Wednesday, 23 December 2020;
  • Thursday, 24 December 2020; and
  • Monday, 4 January 2021.

Northern Territory Navigation Show below Hide below

Payment schedule

Within:

  • the time required by the contract; or
  • 10 working days of receiving a payment claim if the contract does not have payment provisions.

Adjudication application

Within 15 working days of receiving an adjudication application.

Adjudication response

Within 10 working days of receiving an adjudication application.

Working days under the SOP Act during 19 December 2020 to 7 January 2021

  • Monday, 21 December 2020;
  • Tuesday, 22 December 2020;
  • Wednesday, 23 December 2020; and
  • Thursday, 24 December 2020.

There are no working days under the SOP Act during 25 December 2020 to 7 January 2021 (inclusive)

Queensland Navigation Show below Hide below

Payment schedule

Within the earlier of:

  • 15 business days after the day a payment claim is given to the respondent; or
  • the time limit specified in the contract for issuing a payment schedule.

Adjudication response

In response to a standard payment claim (<$750,000 excluding GST), within the later of:

  • 10 business days after receiving a copy of the adjudication application; or
  • 7 business days after receiving notice that the adjudicator has accepted an adjudication application.

In response to a complex payment claim (>$750,000 excluding GST), within the later of:

  • 15 business days after receiving the adjudication application; or
  • 12 business days after receiving notice that the adjudicator has accepted an adjudication application.

Note: the respondent may apply to the adjudicator for an extension of up to 15 additional business days to give its response to a complex claim within 5 business days of receipt of the adjudication application or 2 business days after the adjudicator's acceptance of the adjudication, whichever is later.

Business days under the SOP Act during 19 December 2020 to 10 January 2021

  • Monday, 21 December 2020.

There are no business days under the SOP Act during 22 December 2020 to 10 January 2021 (inclusive)

South Australia Navigation Show below Hide below

Payment schedule

Within the earlier of:

  • 15 business days of receiving a payment claim; or
  • the time limit specified in the contract.

Adjudication response

Within the later of:

  • 5 business days after receiving the adjudication application; or
  • 2 business days after receiving notice that the adjudicator has accepted the adjudication application.

Business days under the SOP Act during 19 December 2020 to 4 January 2021

  • Monday, 21 December 2020;
  • Tuesday, 22 December 2020;
  • Wednesday, 23 December 2020;
  • Thursday, 24 December 2020; and
  • Monday, 4 January 2021.

Tasmania Navigation Show below Hide below

Payment schedule

Within:

  • 10 business days or the period under the contract (whichever is the shorter); or
  • 20 business days or the period under the relevant contract (whichever is the longer) in relation to residential structures to be built on land, for a claim against the owner of the land where the owner is not a building practitioner.

Adjudication response

Within the later of:

  • 10 business days after receiving the adjudication application; or
  • 5 business days after receiving notice that the adjudicator has accepted the adjudication application. 

Business days under the SOP Act during 19 December 2020 to 4 January 2021

  • Monday, 21 December 2020;
  • Tuesday, 22 December 2020;
  • Wednesday, 23 December 2020;
  • Thursday, 24 December 2020; and
  • Monday, 4 January 2020.

Victoria Navigation Show below Hide below

Payment schedule

Within the earlier of:

  • 10 business days after receiving a payment claim; or
  • the time limit specified in the contract.

Adjudication response

Within the later of:

  • 5 business days after receiving the adjudication application; or
  • 2 business days after receiving notice that the adjudicator has accepted his or her appointment.

Business days under the SOP Act during 19 December 2020 to 4 January 2021

  • Monday, 21 December 2020;
  • Tuesday, 22 December 2020;
  • Wednesday, 23 December 2020;
  • Thursday, 24 December 2020;
  • Tuesday, 29 December 2020;
  • Wednesday, 30 December 2020;
  • Thursday, 31 December 2020; and
  • Monday, 4 January 2021.

Western Australia Navigation Show below Hide below

Payment schedule

Within:

  • the time required by the contract; or
  • 14 days of receiving a payment claim if the contract does not have payment provisions.

Adjudication response

Within 10 business days of receiving an adjudication application.

Business days under the SOP Act during 19 December 2020 to 7 January 2021

  • Monday, 21 December 2020;
  • Tuesday, 22 December 2020;
  • Wednesday 23 December 2020; and
  • Thursday 24 December 2020.

There are no business days under the SOP Act during 25 December 2020 to 7 January 2021 (inclusive).

Tags

eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJuYW1laWQiOiI4MDMxZGEyOS02NTM1LTRjNjctODlhOS1iOTBiNTgyMDhjOTgiLCJyb2xlIjoiQXBpVXNlciIsIm5iZiI6MTcyODY2NzE5MCwiZXhwIjoxNzI4NjY4MzkwLCJpYXQiOjE3Mjg2NjcxOTAsImlzcyI6Imh0dHBzOi8vd3d3Lm1pbnRlcmVsbGlzb24uY29tL2FydGljbGVzL2F2b2lkLXBvdGVudGlhbC1zZWN1cml0eS1vZi1wYXltZW50LWV4cG9zdXJlLWR1cmluZy10aGUtZmVzdGl2ZS1zZWFzb24iLCJhdWQiOiJodHRwczovL3d3dy5taW50ZXJlbGxpc29uLmNvbS9hcnRpY2xlcy9hdm9pZC1wb3RlbnRpYWwtc2VjdXJpdHktb2YtcGF5bWVudC1leHBvc3VyZS1kdXJpbmctdGhlLWZlc3RpdmUtc2Vhc29uIn0.-luDaglp6LXv6uMgedbMrKQQ_41FN1WFy5Y_fQyed9c
https://www.minterellison.com/articles/avoid-potential-security-of-payment-exposure-during-the-festive-season