Prepare a Queensland payment schedule, or count the section 79 adjudication window
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Extract the day the payment claim was given, the contract schedule clause, the claimed amount and any schedule already served into a dated table.
- What the lawyer must review
- Set the scheduled amount and reasons, or identify the section 79 window
- Approve the document that is given
- Do not let the dated table choose the window
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland
Produce. A payment schedule that identifies the claim and states the proposed amount and the reasons, or an adjudication-application checklist naming which section 79(2)(b) limb applies and the last day.
Have ready. The payment claim and the day it was given; The construction contract schedule clause; Any payment schedule already given, and the due date worked out under section 73; The current Act and the QBCC pages for responding to a payment request and applying for adjudication.
Example of the limit. No payment schedule is given and the claimed amount is not paid. Section 79(2)(b)(i) requires the adjudication application within 30 business days after the later of the due date and the last day the respondent could have given the payment schedule under section 76. The claimant must then give the respondent a copy of the application, and of any submissions, within 4 business days after making it. The QBCC page says the Registrar must receive it on a business day before 5.00pm AEST.
Stop and hand it back when
- The schedule period is taken from another state. Section 76 uses the contract period, if any, or 15 business days after the payment claim is given, whichever ends first.
- A court warning notice is timed at 20 business days because an August 2022 QBCC industry guide says so. Section 99(3) of the current reprint says the warning notice must not be given later than 30 business days after the due date.
- The 5.00pm AEST cut-off is treated as a section of the Act. It is stated on the QBCC apply-for-adjudication page. Read that page again before using it.
- A complex-payment-claim response is timed on the standard periods. Section 64 defines a complex payment claim as a claim for more than $750,000, or a greater amount prescribed by regulation. That regulation was not read.
Sources for this task were checked on 2026-09-22.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Extract the day the payment claim was given, the contract schedule clause, the claimed amount and any schedule already served into a dated table. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Record the day the payment claim was given. Give any payment schedule within the contract period, if the contract states one, or 15 business days after the claim was given, whichever ends first, unless the claimed amount is paid in full on or before the due date.
- Make the schedule identify the payment claim, state the amount proposed, and, if that amount is less, state why, including each reason for withholding. Reasons left out of the schedule cannot be added in the adjudication response.
- If an adjudication application is being made, name the matching limb of section 79(2)(b): 30 business days after the later of the due date and the last day for the schedule; 20 business days after the due date; or 30 business days after the schedule is received. Use the approved form.
- Give the respondent the application and any submissions within 4 business days. For lodgement, re-read the QBCC page before applying its 5.00pm AEST business-day cut-off. For a response, separate a standard payment claim from a complex payment claim under section 64 before using the section 83 periods.
Sources
- Building Industry Fairness (Security of Payment) Act 2017 (Qld), reprint current from 28 May 2026 · 2026-09-22
- Queensland Building and Construction Commission: Respond to a payment request · 2026-09-22
- Queensland Building and Construction Commission: Apply for adjudication · 2026-09-22
Suggested working checks from the linked public source. Read that source before you rely on the check. This is not a record that the check has been done.