Calculate the Victorian adjudication application, response and determination dates
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Extract the date the payment schedule was received, the due date for payment, and the date of any section 18(2) notice into a list of adjudication triggers.
- What the lawyer must review
- Choose the path and calculate each date from Authorised Version No. 015
- Do not assume a single 10 business day period covers every application
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria
Produce. A dated adjudication path: which limb of section 18 applies, the lodgement date, the date for serving the copy, the response date, and the section 22(4) determination date.
Have ready. The payment claim, any payment schedule, and the due date already calculated; Any section 18(2) notice and the date the respondent received it; Authorised Version No. 015, sections 18, 21, 22 and 28; The Building and Plumbing Commission SOP adjudication page.
Example of the limit. The claimant receives a payment schedule on Monday for less than the claimed amount. Section 18(3)(c) requires the application to be lodged within 10 business days after that receipt, and section 18(5) requires a copy on the respondent within 3 business days after lodgement. The response is then the later of 5 business days after the respondent receives the application and 2 business days after notice of acceptance.
Stop and hand it back when
- The application is being lodged on one 10 business day count when no payment schedule was served. That path needs the section 18(2) notice and the later lodgement time in section 18(3)(e).
- The claim is a performance security claim and section 18A has not been opened. Section 18A states the parallel 10, 5 and 3 business day periods for that claim.
- The response includes a reason that was not in a payment schedule served in time, or a response is being prepared where no schedule was served.
- A review adjudication is being prepared. Division 2A and the definition of adjudication review application are repealed. Section 54(6) saves only a review application made and not determined before the repeal commenced.
Sources for this task were checked on 2026-09-22.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Extract the date the payment schedule was received, the due date for payment, and the date of any section 18(2) notice into a list of adjudication triggers. 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
- Open sections 18, 21, 22 and 28 of Authorised Version No. 015 and the Building and Plumbing Commission SOP adjudication page. Treat review adjudication as repealed unless section 54(6) saves an application already made.
- Date lodgement from the path that applies: 10 business days after receipt of the schedule, 10 business days after the due date for payment, or a section 18(2) notice within 10 business days after the due date and then lodgement within 5 business days after the end of the 5 business day period in section 18(2)(b).
- Serve the copy within 3 business days after lodgement. Put the response at the later of 5 business days after the respondent receives the application and 2 business days after notice of acceptance, and only where a payment schedule was served in time.
- Put the determination at 10 business days after the later of appointment under section 20 and the last day for a response, or within a further agreed time not exceeding 20 business days after that period. If no acceptance notice arrives within 4 business days after the adjudicator receives the application, section 28 allows a new application within 5 business days after the right to withdraw arises.
Sources
- Building and Construction Industry Security of Payment Act 2002 (Vic), Authorised Version No. 015, as at 24 June 2026 · 2026-09-22
- Victorian legislation: Building and Construction Industry Security of Payment Act 2002, version 015, in force from 24 June 2026 · 2026-09-22
- Building and Plumbing Commission: SOP adjudication · 2026-09-22
- Building and Plumbing Commission: Changes to the SOP scheme, page updated 30 June 2026 · 2026-09-22
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