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Guide · Contracts

An adjudicator found against you: how long do you have to pay, and what if you can't?

An adjudicated amount usually has to be paid within five business days. Here is the day-by-day plan, and what happens if the date slips.

Updated 27 October 2026 · Business Loan Hotline Deadline Desk

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Quick answer

After an adjudication determination goes against you, the adjudicated amount generally has to be paid within five business days of the decision being served on you, unless the adjudicator sets a later date. Miss it and the claimant can suspend work, request an adjudication certificate and file it in court as a judgment debt. In Queensland, not paying is also an offence. Fund the amount first and argue about it later.

Key points

  • The clock usually runs five business days from service of the determination, not from when you read it.
  • In Queensland you also have to notify the Adjudication Registrar, with proof, within five business days of paying.
  • Unpaid, the claimant can suspend work and file the certificate as a judgment debt.
  • A court challenge doesn't automatically stop the clock. Get a solicitor's view in the first 48 hours.
  • Funding the amount is a separate job from disputing it, and it needs its own deadline.

An adjudicator has decided that a subcontractor’s payment claim is owed, and the decision is in your inbox. The date that matters now isn’t the one on the decision. It’s the one five business days after it was served on you.

This guide sets out what that clock is, what to do on each of the five days, what the claimant can do if the date passes, and how to fund the amount if the cash isn’t there. It sits strictly after the adjudicator’s decision. If you’re still at the payment schedule stage, that’s a different clock.

How long do you have to pay an adjudication determination?

Generally five business days. The QBCC says the adjudicated amount must be paid within five business days after the adjudicator’s decision is given to you, or by a later date the adjudicator decides. In NSW, section 23 of the Security of Payment Act sets the same pattern: five business days after the determination is served, unless the adjudicator fixes a later date. Victoria’s scheme follows a similar five-business-day pattern, but read the determination and the Act for your state rather than relying on a summary.

Three details catch people out:

  • It runs from service, not from the day you open the email or the day your office manager mentions it.
  • Business days exclude weekends and public holidays, so your state’s holidays count in your favour.
  • The adjudicator can set a later date. Read the decision for a specific “pay by” date before you count anything.

What does each of the five days look like?

Illustrative example only. A head contractor is served with a determination on Thursday 29 October 2026. Counting business days (Fri 30 Oct, Mon 2, Tue 3, Wed 4, Thu 5 November), the pay date is Thursday 5 November 2026, assuming no public holiday in the contractor’s location. Here’s how to use the window:

Day What gets done
Day 0 (served) Read the decision for the amount, interest, any later pay date. Note the exact service time. Tell your accountant and solicitor.
Day 1 Solicitor’s quick view: is there any real ground to challenge in court? Confirm the bank account details for payment.
Day 2 Decide how it’s funded: cash on hand, a customer payment due, or finance. If finance, this is the day to start.
Day 3 Funding in motion, documents in. Chase any progress claim of your own that’s meant to cover it.
Day 4 Payment scheduled; proof of payment ready to save.
Day 5 Money out, remittance advice sent to the claimant, and in Queensland the registrar notified within five business days after that.

The point is that funding decisions belong on day 1 or 2. Leave them to day 5 and any hiccup becomes a missed date.

What can the claimant do if you pay late?

If the date passes, the QBCC says the claimant can:

  • ask the party above you in the contract chain to withhold money owed to you (a payment withholding request);
  • warn you in writing that work will stop (notice of intention to suspend);
  • file the adjudication certificate in court as a judgment debt, for a fee; and
  • once a judgment debt exists, a head contractor claimant can register a charge over property.

In NSW the sequence is similar. The claimant asks the authorised nominating authority for an adjudication certificate under section 24, supports it with an affidavit that the amount hasn’t been paid, and files it in court as a judgment debt.

Suspension notice periods and the paperwork differ by state, so a solicitor should confirm the date your work could stop. Plan as if you may have only a few days after the pay date.

Is non-payment an offence?

In Queensland, yes. The QBCC says failing to pay an adjudicated amount by the due date is an offence and may lead to prosecution or disciplinary action, and a licensee who doesn’t pay debts when due risks licence conditions, suspension or cancellation. The Queensland Government’s adjudication page puts the maximum penalty at 200 penalty units for failing to pay, and 20 for failing to notify the registrar; check the current penalty unit value before relying on a dollar figure.

If you hold a licence, that’s the part to weigh. A late payment isn’t just a cash problem; it can touch your ability to keep contracting.

What do you have to tell the Queensland registrar?

Once the money is out, you’ve got a further five business days to email the Adjudication Registrar. The QBCC publishes a notice template; it asks for:

  • the application number and both parties’ names;
  • when the decision was made, when you paid and how much;
  • proof of payment, which can be a bank record, the remittance sent to the claimant, or a signed statutory declaration.

Keep that proof in a folder from day 4. It’s the same kind of document pack the proof of deadline page describes.

Does challenging the decision stop the clock?

Don’t assume so. Courts review adjudication decisions only on narrow grounds, such as an invalid payment claim, an invalid adjudication application, or a failure of procedural fairness. And a challenge that takes weeks doesn’t help with a pay date that arrives in days.

The sensible split is two parallel jobs:

  1. A solicitor gives you a straight view on grounds in 24–48 hours. See what to have ready for a solicitor.
  2. You fund the amount anyway, so that you aren’t suspended or certified while the legal question is open.

Paying doesn’t necessarily close off your rights. That’s a question for your solicitor, not a reason to wait.

Where does the money come from in five days?

Most respondents have three sources, and it helps to know which one you’re really counting on:

  • Cash and the overdraft. Check headroom first, and what else leaves the account that week (wages, super, BAS).
  • Your own progress claim. If your client owes you money on the same project, chase it today. Approval cycles rarely move at your speed. Compare it against the government payment terms and big customer payment times pages if your client is large.
  • Finance. A short-term facility sized to the adjudicated amount, repaid when your own claim lands.

On that third one, speed is possible rather than promised. Property-secured funding from $20k to $250k is possible same day, up to $5m is possible within 24–48 hours, and same-day funding is possible for smaller unsecured amounts. What’s achievable depends on the amount, your trading history and the security you have. If you’d like to see what fits your date, you can check your options here.

What should you have ready before asking for funding?

Funding goes much faster when the paperwork is in one place. Have these ready:

  • the adjudication determination with the amount and the pay-by date;
  • the contract and payment claim it relates to;
  • bank statements for the last few months;
  • any progress claim or invoice of your own that will repay the facility;
  • property details if you’re offering security, and who needs to sign. See who signs.

The Deadline Planner can work back from your pay-by date and show the days you have for each step.

What are the common mistakes?

  • Counting from the wrong day. Service date, not read date.
  • Waiting for the court question to settle while the pay date passes.
  • Forgetting the Queensland registrar notice after paying.
  • Paying the claimant but not telling your client chain, so your own progress claim isn’t lined up to cover it.
  • Ignoring the next job. Unpaid, a suspension can leave you in breach on your own contracts. If wages for a new contract are also coming due, see new contract wages and contract security.

If the amount is bigger than your cash, what next?

This is the kind of date we work with: a fixed day, a fixed figure, and a business that is otherwise fine. The Deadline Desk can look at the amount and your pay-by date and tell you what’s realistically possible in the time. Enquiring takes about 60 seconds, and your credit file isn’t touched just for asking. We don’t send your details to a pile of lenders; one team looks at your situation, and a real person calls you back.

Give us the real pay-by date and the real amount on the form, and be accurate about your trading and security. That’s what lets us match the right option the first time instead of the third.

Check what’s possible by your pay-by date →

Prefer to talk? Ring 1300 752 188.

Frequently asked questions

How long do I have to pay an adjudicated amount?

Generally five business days after the determination is served on you, or a later date if the adjudicator set one. The QBCC states this for Queensland, and the NSW Act uses the same five-business-day pattern in section 23. Check the determination itself for the exact date.

What happens if I don't pay by the due date?

The claimant can give notice of intention to suspend work and request an adjudication certificate, which can be filed in court as a judgment debt. In Queensland, failing to pay an adjudicated amount is also an offence and can lead to prosecution or disciplinary action.

Do I have to tell anyone once I've paid?

In Queensland, yes. Within five business days of paying, you notify the Adjudication Registrar in writing with the application number, parties, decision date, payment date, amount and evidence such as a bank receipt or remittance advice.

Can I appeal an adjudicator's decision?

Review is narrow, usually limited to things like an invalid payment claim or a failure of procedural fairness, and it is a court matter. A solicitor can tell you quickly whether you have grounds. Don't assume a challenge pauses the payment date.

Can a lender fund an adjudicated amount?

Business finance can be arranged to cover a debt like this. What's possible depends on the amount, your trading history and any property you can offer as security. It's far easier to start the day you get the determination than on day five.

Do business days include public holidays?

No. Business days exclude weekends and public holidays, so a holiday in your state pushes the date out by a day. Tuesday 3 November 2026, for instance, is a public holiday in metropolitan Melbourne, so confirm your own calendar.

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