How long do you have to make a payment claim in Australia?
Every Australian state and territory has its own security of payment law and time limits. These cover payment claims, payment schedules and adjudication. For example, Queensland has the Building Industry Fairness (Security of Payment) Act 2017, with strict time limits for all three. The exact period depends on your contract and the facts.
The main steps: a Queensland example
- A payment claim is served on the other party. It must meet the Act's form rules.
- The other party must reply with a payment schedule within the time in the contract, or 15 business days in Queensland, whichever is earlier.
- If the amount is unpaid or disputed, the claimant may apply for adjudication within the Act's time limits.
- A late or missing payment schedule can leave the respondent liable for the full claimed amount.
Why timing matters so much
The scheme is built for speed. Courts and adjudicators apply the deadlines strictly. A good claim served late can fail, and a weak claim answered late can succeed.
What to do now
- Write down the date the work was last carried out.
- Find the payment terms in your contract.
- Set diary alerts for every deadline.
- Keep proof of service for each document.
Related answers
Questions
Who can use the security of payment process?
Every Australian state and territory has its own security of payment law. For example, the Queensland process applies to most construction work and related supply under a construction contract in Queensland. Some contracts are excluded, so check your case.
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