CONSTRUCTION CONTRACTS (SECURITY OF PAYMENTS) REGULATIONS 2005

The Regulations operate chiefly to define and fix parameters for administrative processes and thresholds in the Act. Core concepts in the instrument are prescribed appointers (r 5), high value construction contract (r 5A), dispute resolution mechanism for high value contracts (r 5B), and registered adjudicator eligibility and reporting requirements (rr 11-14). Each concept has a concrete regulatory effect described below, with the regulation numbers referenced.

Prescribed appointers (r 5): The Regulations list specific bodies that are “prescribed appointers” under the Act’s definition. The list is by named entity and ACN; examples include the Royal Australian Institute of Architects Ltd, the Law Society Northern Territory, Resolution Institute and Master Builders Northern Territory Ltd (r 5(a)-(i)). The concept determines which organisations may be used to appoint adjudicators where the contract specifies a prescribed appointer.

High value construction contract and dispute resolution (rr 5A-5B): A “high value construction contract” is given a numerical threshold: 500 000 000 monetary units (r 5A). The Regulations then prescribe what a dispute resolution mechanism for such contracts must contain (r 5B). The required elements are: a process to undertake dispute resolution (r 5B(a)); an obligation to undertake it in good faith and in a timely manner (r 5B(b)); a rule that if the payment dispute is not resolved within 45 working days, payments under the contract (including to third parties) continue pending judicial or arbitral resolution (r 5B(c)); a rule that the mechanism continues to apply even after contract expiry or termination (r 5B(d)); and a requirement that the mechanism be clear and unambiguous (r 5B(e)).

Information disclosure requirements (rr 4, 6-8, 10, 14): The Regulations require parties and adjudicators to include specified contact and identifying information. Contact details must include address, phone and fax numbers, and ABN or ACN where available (r 4). Applications for adjudication must include the appointed adjudicator or prescribed appointer’s name and contact details, the applicant’s and each other party’s contact details (r 6). Responses mirror these information needs (r 7). An adjudicator’s decision must state the adjudicator’s name, parties’ contact details and the date and any identification number of the determination (r 8). Notices of intention to suspend must include adjudicator identity, principal and contractor contact details, the adjudication decision date and identification number, the amount due, and the date by which payment must be made (r 10). Registered adjudicators must report a defined list of items to the Registrar about each application and outcome (r 14), within specified timeframes (r 14(3)).

Registration standards and disqualification (r 11, rr 12-13): Eligibility to be a registered adjudicator requires academic or professional qualifications (specific degrees listed at r 11(3)(a) and membership eligibility at r 11(3)(c)), at least five years’ relevant experience (r 11(5)(a)), and completion of a training course satisfactory to the Registrar (r 11(5)(b)). Disqualifying conditions include undischarged bankruptcy, insolvency relief applications, compositions with creditors, statutory disqualification in relevant professions, and unsuitability (r 11(6)). The Registrar must consider criminal-history checks in assessing suitability (r 11(7)), and the application/renewal process must authorise criminal-history checks and disclose known disqualifying reasons (rr 12, 12A). The fee for application or nomination is fixed at 115 revenue units (r 13).

Interest and costs (r 9, r 14(1)(k)-(l)): Post-determination interest is not an arbitrary percentage in the Regulations; it is the rate fixed for s 85 of the Supreme Court Act 1979 from time to time (r 9). The Regulations also require adjudicators to report amounts of costs of the adjudication, including their fee entitlement under s 46(1A) of the Act, testing costs and expert engagement costs, and to record how those amounts and any interest were calculated (r 14(1)(i)-(k)).

Collectively, these concepts convert high-level adjudication, suspension and registration provisions in the Act into binding administrative rules. They set thresholds, impose documentary obligations, and create procedural checkpoints that parties, adjudicators and the Registrar must follow.

The Regulations name multiple categories of persons and entities whose behaviour is constrained or specified. They affect: contracting parties in construction contracts, adjudicators (appointed or prospective), prescribed appointers, the Registrar responsible for adjudicator registration and record-keeping, and third parties who receive payments under contracts.

Contracting parties: The Regulations impose documentary and procedural requirements on parties using the adjudication remedies in the Act. Applications and responses to adjudication must contain appointed adjudicator/prescribed appointer and parties’ contact details (rr 6-7). A contractor’s notice of intention to suspend must contain adjudicator and parties’ contact details, adjudicator decision identifiers and the amount and due date for payment (r 10). High value construction contract clauses must incorporate a dispute resolution mechanism that contains specific features, including the rule that payments continue if a payment dispute is not resolved within 45 working days (r 5B). These provisions affect cash-flow risk and information disclosure for principals, contractors and subcontractors.

Adjudicators and prescribed appointers: The Regulations prescribe who may be a prescribed appointer (r 5). That list determines which organisations may be used by parties to have adjudicators appointed where the contract specifies a prescribed appointer. Prospective adjudicators and currently registered adjudicators are affected by rr 11-14: eligibility criteria for registration (academic/professional qualifications, experience, training), disqualification rules, criminal-history check authorisations for applications and renewals, the fee for nomination or application (r 13), and the obligation on registered adjudicators to report specified information and costs to the Registrar within defined timeframes (r 14(1)-(3)).

The Registrar and administrative agency: The Regulations create duties for the Registrar to receive applications, obtain criminal-history checks under authorisation (rr 12(2), 12A(2)), to decide on suitability referencing criminal-history checks (r 11(7)) and to record and receive the mandatory reporting from adjudicators (r 14). These duties create administrative workloads and require systems for receiving, storing and processing the information specified.

Third parties and payees: The rule requiring continuation of payments between the parties and to third parties pending resolution of a high-value payment dispute not resolved in 45 working days (r 5B(c)) explicitly affects third party payees under the contract. This changes the immediate enforceability or suspension of payment obligations in specified circumstances.

Entities required to provide contact or identifying numbers: r 4 requires ABN or ACN to be given where known. This affects businesses and individuals who deal with adjudication processes and likely interacts with tax and corporate registry identifiers.

In short, the Regulations affect anyone who initiates or responds to adjudication under the Act (contractors, principals, subcontractors), adjudicators seeking registration or working under the Act, the prescribed appointers named in r 5, the Registrar and the operational unit that administers registration and reporting, and third-party payees to contracts subject to r 5B.

The Regulations impose discrete duties and create or clarify procedural rights arising from the Act. The duties are largely documentary and procedural; the rights are primarily procedural protections or entitlements that arise from specific regulatory prescriptions.

Duties to provide specified information

• Contact details: A person required to give contact details must provide address, telephone and facsimile numbers and ABN or ACN where known (r 4). The duty is limited by knowledge , only “to the extent those details are known to the person” (r 4).
• Application and response content: An application for adjudication must contain, in addition to section 28(2) material from the Act, the name and contact details of the appointed adjudicator or prescribed appointer, the applicant’s contact details, and the name and contact details of each other party to the contract (r 6). Responses must include similar detail (r 7).
• Adjudicator’s decision content: Appointed adjudicators must include their name, parties’ contact details and the date and any identification number of the determination, in addition to s 38(1) items from the Act (r 8).
• Notice to suspend: A contractor’s notice of intention to suspend performance must include the adjudicator’s name, principal’s and contractor’s contact details, adjudication determination date and identifier, the amount to be paid under the determination and the date by which that amount must be paid (r 10).

Registration and reporting duties for adjudicators

• Eligibility and disqualification criteria: Prospective registered adjudicators must meet qualification and experience requirements (r 11(3)-(5)) and must not be a disqualified person (r 11(2), (6)). The Registrar must take into account criminal history checks (r 11(7)) and may consider other matters relevant to unsuitability (r 11(8)).
• Application/renewal procedural duties: An application or nomination must state whether the applicant knows of any reasons that might disqualify them (r 12(1)(a)) and must authorise the Registrar to obtain a criminal history check (r 12(2)). For renewals, the applicant must state material changes to eligibility since registration and again authorise criminal-history checks (r 12A).
• Fee: Applicants or nominators must pay a fee fixed at 115 revenue units (r 13).
• Reporting by registered adjudicators: Registered adjudicators must give the Registrar specified information for each application including adjudicator identity, parties, nature and location of the work, amounts claimed, dates of appointment and determination, amounts to be paid or security to be returned and how calculations (including interest) were made, and the costs of adjudication and allocation of those costs between parties (r 14(1)(a)-(l)). Timeframes for reporting are set: generally no later than 10 working days after dismissal or at the same time as giving the determination to the Registrar (r 14(3)).

Rights and entitlements reflected in the Regulations

• Adjudicator’s entitlements on disqualification: If an adjudicator is disqualified under s 31(1) of the Act, the adjudicator must give the Registrar certain details and the date of disqualification and is entitled to be paid under s 46(1A) for work done before disqualification was notified to the parties (r 14(2), note to r 14(2)(c) referencing s 46(2) of the Act).
• Continuation of payments under high value disputes: For high value construction contracts, the dispute resolution mechanism must provide that if the payment dispute is not resolved within 45 working days, payments between the parties (and to third parties) under the contract continue pending resolution by a court or arbitration (r 5B(c)). That imposes a procedural right (or constraint on the payor) to continue making payments rather than withholding them in such circumstances.

Interest: The Regulations align post-determination interest calculations with the Supreme Court Act 1979, by making the interest rate the rate fixed from time to time for s 85 of that Act (r 9). Thus the right to interest is present under the Act; the Regulations delegate the numerical rate to an external statutory instrument.

These duties and rights are administrative and procedural. They establish who must provide what information, who can be registered as an adjudicator and what reporting they must make, and prescribe how specific consequences (interest, continued payments in high value disputes) are to operate.

The Regulations themselves do not create new criminal offences or specify monetary penalties in the text provided. Instead they create compliance obligations that support enforcement mechanisms in the principal Act. When assessing enforcement, two features should be noted from the Regulations.

Regulatory obligations and connection to the Act

• The Regulations specify information and conduct requirements that operate under the Act: for example, content requirements for adjudication applications and decisions (rr 6-8), notice of suspension particulars (r 10), and mandatory reporting to the Registrar by adjudicators (r 14). Failure to comply with these regulatory duties would typically affect the operation of procedural rights under the Act and may expose the non-complying party to consequences provided for in the Act (for example, invalidity of notices or inability to rely on certain remedies). The Regulations do not themselves set out sanctions; enforcement and penalties for breaches of application, adjudication or suspension procedures are governed by provisions in the Act.

Disqualification and entitlements

• The Regulations set out grounds on which a person is a “disqualified person” (r 11(6)) for purposes of registration as an adjudicator. Disqualification here is an administrative sanction that prevents registration. The Regulations also require registered adjudicators to notify the Registrar of disqualification and to provide information on entitlement to fees where work was done before disqualification was notified (r 14(2) and note). The Registrar’s power to disqualify, suspend or remove a registered adjudicator is an enforcement tool implicit in the registration framework; the Regulations set the criteria and the reporting process but not the remedial powers themselves,that function belongs to the Act.

Administrative compliance burden and administrative enforcement

• Several Rules require the Registrar to obtain criminal history checks under authorisation by the applicant or nominee (rr 12(2), 12A(2)). The Regulations require applicants to authorise those checks; refusal to provide authorisation would likely prevent registration. This is a form of administrative enforcement by making registration conditional on cooperation with checks. The Regulations also require registered adjudicators to report comprehensive information (r 14) within strict timeframes, creating an administrative duty the Registrar can audit and act upon in accordance with the Act’s enforcement framework.

Indirect enforcement via operational consequences

• Many of the Regulations’ consequences are operational rather than punitive. For example, the r 5B(c) requirement that payments continue if a high value dispute remains unresolved for 45 working days imposes operational consequences on payors. Failure to comply with such a requirement would give the payee remedies under the Act; however the Regulations do not specify fines or criminal penalties for failing to continue payments , enforcement in that instance will be through the Act’s civil enforcement machinery.

In short, the Regulations create documentary and eligibility duties, and they prescribe procedural requirements whose non-compliance will typically affect entitlement to adjudication remedies or to registration. They do not themselves set out penalty schedules or create separate criminal offences. Enforcement of breaches of the documentary, registration and procedural rules will operate through the Act’s enforcement provisions and through administrative actions by the Registrar as enabled by the Act, with the Regulations supplying the standards and thresholds to be enforced.

The Regulations are explicitly framed as subordinate to and operationalising the Construction Contracts (Security of Payments) Act 2004. They also reference and incorporate elements of other statutes and external standards. The interaction points in the instrument are concrete and listed below with citation to the relevant regulation.

References to the principal Act

• The Regulations repeatedly reference provisions of the Act to add mandatory particulars or to prescribe particulars that supplement Act provisions. For example, rr 6-8 refer to ss 28(2), 29(2) and 38(1) of the Act respectively, adding specific information that must be supplied in applications, responses and adjudicators’ decisions. The Regulations therefore function as delegated legislation that fills detail left to be prescribed by the Act.

Link to the Supreme Court Act 1979

• The Regulations fix the interest rate for post-determination interest by reference to the rate fixed from time to time for s 85 of the Supreme Court Act 1979 (r 9). That cross-reference ties monetary interest calculations under adjudication outcomes to an external statutory rate, thereby linking civil interest calculations under the Act to the Supreme Court Act’s instrument-setting process.

References to federal identification regimes

• The definitions in r 3 state that ABN has the same meaning as in the A New Tax System (Australian Business Number) Act 1999 (Cth), and ACN has the same meaning as in the Corporations Act 2001 (r 3). Regulation 4 requires ABN or ACN to be given where known. This creates an operational intersection with federal tax and corporations identification systems, and may assist verification and cross-checking of parties’ legal identities.

Interaction with Building Act 1993

• One eligibility pathway for registered adjudicators is to be registered under the Building Act 1993 in the category of building contractor (r 11(3)(d)). That makes the Building Act’s registration status a relevant qualification, thus linking professional registration regimes across statutes.

Criminal-history checks and Registrar powers

• The Regulations require applicants and nominees to authorise the Registrar to obtain a criminal history check (rr 12(2), 12A(2)) and require the Registrar to have regard to that criminal history check when assessing unsuitability (r 11(7)). While the Regulations do not specify the statutory source of the criminal-history check mechanism, they create a procedural nexus between the registration regime under the Act and criminal records processes administered under other laws or by police services.

Administrative fee framework

• The fee for application or nomination is given as 115 revenue units (r 13). Revenue units are a territorial measure defined elsewhere in the Northern Territory’s financial framework (not in the Regulations themselves). This links the registration fee to the Territory’s revenue unit scheme and its broader financial legislation or instruments.

Interaction with the Act’s adjudication cost and entitlement provisions

• Many reporting requirements in r 14 reference provisions of the Act by section number , e.g. the adjudicator’s entitlement under s 46(1A) and costs under ss 34(2)(c)(ii)-(iii) , thus tying cost reporting requirements directly to the Act’s cost and entitlement scheme.

Taken together, the Regulations are deliberately cross-referenced and designed to be used alongside the Act and other statutory regimes for identification, professional registration and interest-setting. Practitioners must therefore consult the principal Act, the Supreme Court Act 1979 for the applicable interest rate, the A New Tax System (Australian Business Number) Act 1999 and the Corporations Act 2001 for ABN/ACN definitions, and the Building Act 1993 for particular registration pathways when applying or advising under these Regulations.

The Regulations have been amended multiple times since their initial notification in 2005. The instrument contains an endnotes section that identifies key amendment instruments and commencement dates. Relevant items are summarised below with citation to the endnotes.

Original enactment and commencement

• Construction Contracts (Security of Payments) Regulations (SL No. 20, 2005). Notified 31 May 2005 and commenced 1 July 2005 concurrent with the operation of s 64 of the Construction Contracts (Security of Payments) Act 2004 (Endnotes 2).

Subsequent amendments and insertion of provisions

• Construction Contracts (Security of Payments) Amendment Regulations 2010 (SL No. 26, 2010). Notified 29 November 2010 and commenced the same day. Amendments in 2010 altered rr 3, 5, 6-8, 11, 12 and 13 and inserted r 14 (Endnotes 4 and the list of amendments).
• Construction Contracts (Security of Payments) Legislation Amendment Act 2019 (Act No. 27, 2019). Assent date 3 September 2019 and various provisions commenced 3 February 2020 (Endnotes 2 and 4). This amending Act inserted regs 5A-5B (the high value contract amount and dispute resolution mechanism requirements) and made further amendments to rr 12 and r 13, and inserted r 12A and amended r 14 (Endnotes 4).
• Construction Contracts (Security of Payments) Amendment Regulations 2020 (SL No. 12, 2020). Notified 17 June 2020 and commenced that date (Endnotes 2).
• Justice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024). Assent date 24 May 2024, with parts 9 and 10 commencing 1 July 2024 and the remainder commenced or remitted as indicated , the Endnotes note commencement details and that some parts are not yet commenced (Endnotes 2).

Formal and editorial amendments

• The Interpretation Legislation Amendment Act 2018 made general formal amendments to rr 1, 9 and 11 as a matter of legislative housekeeping (Endnotes 3).

List of amendments (specific regulation references)

• The endnotes’ List of Amendments maps specific amending instruments to individual regulation changes, for example r 3 amended by No. 26 of 2010, r 5 amended by No. 26 of 2010 and substituted by No. 12 of 2020 and subsequently amended by Act No. 9 of 2024; rr 5A-5B were inserted by Act No. 27 of 2019; rr 6-8 were amended by No. 26 of 2010; r 11 amended by No. 26 of 2010 and No. 12 of 2020; r 12 substituted by No. 26 of 2010 and amended by Act No. 27 of 2019; r 12A inserted by Act No. 27 of 2019; r 13 amended by No. 26 of 2010 and Act No. 27 of 2019; r 14 inserted by No. 26 of 2010 and amended by Act No. 27 of 2019 (Endnotes 4).

Practical note about amendment tracing

• Because the Regulations are short and tightly cross-referenced to the principal Act and other instruments, practitioners should consult the consolidated version (as in force at 25 May 2024 in the material provided) and the listed amending instruments for historical context. The Insertions of rr 5A-5B in 2019 are especially significant because they prescribe the high value contract threshold and a substantive rule affecting payments in high value disputes; those provisions post-date the original 2005 instrument.

The endnotes and List of Amendments in the Regulations provide the statutory trail to identify when particular reporting, registration and high-value contract provisions were introduced or changed. For operational advice and historical analysis, practitioners should consult each named amending instrument and the principal Act’s amending history together with the arrangement shown in the Regulations’ endnotes.

The Regulations themselves do not record any litigation history. They are subordinate legislation that prescribes particulars required by the Act, and the instrument contains no references to judicial decisions or cases. The text of the Regulations names no cases and contains no schedule or note of judicial consideration.

Implications of the absence of litigation references in the instrument

• Because the Regulations are technical and procedural, most disputes will be litigated under the Act’s substantive and enforcement provisions rather than under the Regulations themselves. Where litigation arises about procedural compliance , for example, whether an application for adjudication was deficient because it did not include the particulars required by r 6, or whether a notice of intention to suspend failed to comply with r 10 , the courts will interpret and apply the Regulations in the context of the Act. The Regulations supply mandatory content requirements (rr 6-8, r 10), which will be relevant evidence and legal argument in any judicial review or enforcement action concerning the validity of adjudication steps or the consequences of non-compliance.

Practical consequence for research and advice

• To identify any litigation construing these Regulations, practitioners will need to search judicial databases and decisions addressing the Construction Contracts (Security of Payments) Act 2004 and related procedures, looking specifically for cases that cite the Regulations’ numbers (for example, cases dealing with the sufficiency of an application under s 28 read with r 6). The Regulations themselves do not provide a litigation map or list of authorities.

Registrar and administrative decisions may also be reviewable

• Decisions by the Registrar concerning registration eligibility, registration refusal or removal on unsuitability grounds (where r 11 and rr 12-12A are engaged) may be subject to administrative review or judicial review on standard public law grounds. The Regulations make criminal-history checks and authorisations a part of the application process (rr 12(2), 12A(2)), which may be litigated if a candidate alleges procedural unfairness or incorrect application of suitability criteria by the Registrar. However, the Regulations contain no judicial precedents or case law; any litigation will be recorded in external case law.

In sum, the Regulations provide fertile factual and legal issues for litigation , e.g. sufficiency of notices, scope of r 5B(c) requiring payments to continue, or Registrar decisions on suitability , but contain no in-built litigation history. For actual authorities, consult reported decisions and unreported judgments dealing with the Act and citing the specific regulation numbers named herein.

The Regulations contain several drafting features and procedural traps that practitioners often miss if they rely only on the Act. Below are concrete “gotchas” with citations and the practical consequence of each.

1. Contact details: “to the extent known”

• Regulation 4 requires contact details (address, telephone, facsimile and ABN or ACN) but only “to the extent those details are known to the person” (r 4). Gotcha: a party that omits an ABN/ACN because it genuinely does not know it may comply, but a party who could obtain the ABN/ACN easily may be criticised for failing to take steps to ascertain it. For parties representing corporations, leaving out an ACN or ABN where available could prompt an applicant or Registrar to challenge the completeness of the application or notice.

2. Appointed adjudicator or prescribed appointer details may not be known at lodgement

• Regulation 6 mandates that an application must state “the name and contact details of the appointed adjudicator or prescribed appointer” (r 6(a)). Gotcha: in practice an applicant sometimes files before an adjudicator is appointed. The regulation presumes an appointed adjudicator or specified appointer will be known at lodgement; failing to supply that detail may render the application defective under the Regulations even if the Act’s timing is ambiguous.

3. High value contract threshold is expressed in “monetary units”

• Regulation 5A prescribes the high value construction contract amount as “500 000 000 monetary units” (r 5A). Gotcha: the instrument uses the term “monetary units” rather than specifying a currency or indexation mechanism. Parties should confirm whether the Act or the Territory’s financial definitions interpret “monetary units” as Territory dollars and whether indexation or adjustment applies. Do not assume USD, AUD or automatic indexation without checking the Territory’s statutory definitions.

4. 45 working day rule and continuing payments

• For high value contracts, the dispute resolution mechanism must require that if the payment dispute is not resolved within 45 working days, payments between the parties (and to third parties) continue pending court or arbitral resolution (r 5B(c)). Gotcha: this directly affects cash-flow strategies. Parties accustomed to withholding payments pending final adjudication might be surprised that, in a “high value” contract governed by a compliant mechanism, payments must continue. The word “working days” matters , count carefully.

5. Criminal-history authorisation is mandatory for registration and renewal

• Regulations 12(2) and 12A(2) require an authorisation to obtain a criminal history check. Gotcha: failure to provide that authorisation will prevent processing of a registration or renewal. The Registrar must have regard to the criminal history check in assessing unsuitability (r 11(7)); applicants should expect their criminal record will be considered.

6. Experience requirement is specific and non-trivial

• Regulation 11 requires at least five years’ experience in either administering construction contracts or dispute resolution relating to construction contracts (r 11(5)(a)). Gotcha: self-styled “adjudicators” without the five-year threshold or without recognised qualifications/membership pathways listed in r 11(3) cannot register as adjudicators. The Regulation also requires successful completion of a training course that, in the Registrar’s opinion, qualifies the person (r 11(5)(b)), creating a discretionary gate.

7. Reporting timeframes for adjudicators are tight

• Registered adjudicators must give the Registrar the required information no later than 10 working days after dismissal of an application or at the same time as giving a determination to the Registrar (r 14(3)). Gotcha: failure to meet these deadlines may create administrative exposure and a potential challenge to the adjudicator’s compliance with the Act’s registration obligations.

8. Disqualification consequences and payment entitlements

• If an adjudicator becomes disqualified under s 31(1) of the Act, r 14(2)(c) confirms the adjudicator is entitled to payment under s 46(1A) for work done before the disqualification was notified to the parties. Gotcha: disqualification is not necessarily a bar to remuneration for work already done; parties cannot assume a disqualified adjudicator performed without remuneration.

9. Fee specified in “revenue units”

• Regulation 13 fixes the fee at 115 revenue units (r 13). Gotcha: unless the actual monetary conversion or the current dollar equivalent of a “revenue unit” is checked in the Territory’s financial rules, the fee’s cash amount may be misestimated. Practitioners should look up the current value of a revenue unit in the Territory’s financial instruments.

10. Registrar’s broad discretion on “unsuitability”

• Regulation 11(8) states that r 11(7) does not limit matters the Registrar may consider when deciding unsuitability. Gotcha: the Registrar’s discretion is not narrowly circumscribed by the listed factors; applicants should prepare comprehensive material addressing potential suitability concerns.

Addressing these gotchas in practice requires deliberate checking of definitions, close attention to timing (especially “working days”), ensuring completeness of ABN/ACN data, organising criminal-history authorisations early, and confirming the monetary equivalents of “revenue units” and “monetary units” in relevant financial instruments.

This section provides a practical compliance checklist, structured against the Regulations’ main operation points, with specific references to the regulation numbers. It focuses on what to do when applying for adjudication, responding, registration as an adjudicator, and when acting as an adjudicator.

A. For parties initiating or responding to adjudication

• Pre-check identity and contact fields. Before lodging an application or response, gather and verify: postal address, telephone and facsimile numbers of the applicant, respondent and any other parties, together with ABN or ACN where available (r 4; rr 6-7). Document the basis for any missing details to record that they are not “known” to you (r 4).
• Adjudicator/prescribed appointer details. If the contract identifies a prescribed appointer or you intend to nominate an adjudicator, include the appointed adjudicator’s name and contact details or the prescribed appointer’s details in the application (r 6(a)). If you do not yet have an appointed adjudicator, consider whether the application should be deferred until appointment is made, or provide a prescribed appointer nomination consistent with the contract and r 5.
• Include required parties’ information. Ensure the application and the response list the applicant’s name and contact details and the name and contact details of each other party to the contract (r 6(b)-(c); r 7(a)-(c)).
• Claims and calculations. Present the payment claim amount clearly in the application as r 14(1)(f) requires adjudicators to report the amount; anticipate that the adjudicator will ask for calculation details and ensure records are accurate and preserved.
• Notices to suspend. If serving a notice of intention to suspend, include all elements required by r 10: adjudicator’s name, principal’s and contractor’s contact details, the adjudicator’s determination date and ID number, the amount to be paid under the determination, and the date by which payment must be made (r 10(a)-(f)). Keep a record of service and supporting adjudication documents.

B. For drafting high value contract dispute resolution clauses (contracts ≥ 500 000 000 monetary units)

• Ensure the dispute resolution mechanism complies with r 5B: state the mechanism clearly (r 5B(e)); require parties to undertake the process in good faith and timely manner (r 5B(b)); specify a 45 working day outer period after which payments between parties and to third parties continue pending court/arbitration determination (r 5B(c)); and state that the mechanism continues to apply even if the contract expires or is terminated (r 5B(d)). Drafters should explicitly record the 45 working day period and the continuing payment obligation to avoid ambiguity.

C. For prospective adjudicators seeking registration

• Confirm eligibility criteria. Ensure you meet at least one of the qualifications listed in r 11(3): an approved degree listed in r 11(3)(a), an equivalent qualification (r 11(4)), eligibility for membership in one of the listed professional bodies (r 11(3)(c)) or registration under the Building Act 1993 as a building contractor (r 11(3)(d)). Document and provide evidence.
• Demonstrate experience and training. Compile evidence of at least five years’ experience administering construction contracts or dispute resolution relating to construction contracts (r 11(5)(a)). Complete and be able to document a training course that the Registrar will regard as qualifying for adjudication (r 11(5)(b)). Obtain references, CV entries and certificates.
• Prepare disclosures and criminal-history authorisation. The application/nomination must state whether you know of any reasons that might disqualify you (r 12(1)(a)) and, if so, state those reasons (r 12(1)(b)). Provide an authorisation for the Registrar to obtain a criminal history check (r 12(2)). For renewal, state material changes in eligibility and again provide the authorisation (r 12A(1)-(2)).
• Budget for the fee. Pay the application/nomination fee of 115 revenue units (r 13). Check the current dollar equivalent of a revenue unit in the Territory’s financial regulations.

D. For registered adjudicators: reporting and operational compliance

• Timely reporting to the Registrar. For each application you adjudicate, prepare and lodge the information required by r 14(1)(a)-(l). If you dismiss an application under s 33(1)(a) of the Act without making a determination, report the dismissal within 10 working days (r 14(3)(a)). If you make a determination, give the specified information at the same time as providing a copy of the determination to the Registrar (r 14(3)(b)). If an application is taken to be dismissed under s 33(2), submit the report within 10 working days (r 14(3)(c)).
• Disqualification protocol. If disqualified under s 31(1) of the Act, provide the Registrar with the details in r 14(2)(a)-(c) within 10 working days and ensure entitlements under s 46(1A) are accounted for if work was done before notification of disqualification (r 14(2) and note).
• Documentation for cost reporting. Keep contemporaneous records of how you calculated amounts in your determination, interest calculations and costs of testing and expert engagement (r 14(1)(i)(ia)-(iii)). Those details must be reported to the Registrar and may be scrutinised in enforcement or review procedures.

E. Counting time and interest

• Work in “working days” where specified. The 45 working day rule in r 5B(c) and the 10 working day reporting periods in r 14(3)(a) and (c) use “working days” as the time unit. Confirm how “working days” are counted under the Act or applicable procedural rules and apply consistently.
• Interest rate linkage. For post-determination interest, use the rate fixed from time to time for s 85 of the Supreme Court Act 1979 (r 9). Check the current statutory rate at the relevant time when calculating interest owed.

F. Administrative and practical controls

• Keep copies and audit trails. Because the Regulations require precise particulars and because registered adjudicators must report outcomes, keep full records that show compliance with the required content and with timeframes.
• Engage with the Registrar early. For registration questions, training recognition and suitability issues, communicate proactively with the Registrar to avoid surprises on unspecified “unsuitability” factors (r 11(8)).
• Check prescribed appointers list before contract drafting. If a contract nominates a prescribed appointer, verify that the named body appears in r 5. If you want to rely on an appointer not listed, use an alternative appointment mechanism permitted by the Act and the Regulations.

Following this checklist aligns internal processes with the Regulations’ documentary and procedural requirements and reduces the risk of technical non-compliance that could affect adjudication outcomes or registration decisions.