Queensland Consolidated Acts Queensland Consolidated Acts(1) A claimant may apply for adjudication of a payment claim (an adjudication application) if--
(a) the respondent serves a payment schedule under division 1 but--
(i) the scheduled amount stated in the payment schedule is less than the claimed amount stated in the payment claim; or
(ii) the respondent fails to pay the whole or any part of the scheduled amount to the claimant by the due date for payment of the amount; or
(b) the respondent fails to serve a payment schedule on the claimant under division 1 and fails to pay the whole or any part of the claimed amount by the due date for payment of the amount.
(2) An adjudication application to which subsection (1)(b) applies can not be made unless--
(a) the claimant gives the respondent notice, within 20 business days immediately following the due date for payment, of the claimant's intention to apply for adjudication of the payment claim; and
(b) the notice states that the respondent may serve a payment schedule on the claimant within 5 business days after receiving the claimant's notice.
(3) An adjudication application--
(a) must be in writing; and
(b) must be made to an authorised nominating authority chosen by the claimant; and
(c) must be made within the following times--
(i) for an application under subsection (1)(a)(i)-- within 10 business days after the claimant receives the payment schedule;
(ii) for an application under subsection (1)(a)(ii)-- within 20 business days after the due date for payment;
(iii) for an application under subsection (1)(b)--within 10 business days after the end of the 5 day period referred to in subsection (2)(b); and
(d) must identify the payment claim and the payment schedule, if any, to which it relates; and
(e) must be accompanied by the application fee, if any, decided by the authorised nominating authority; and
(f) may contain the submissions relevant to the application the claimant chooses to include.
(4) The amount of an application fee must not exceed the amount, if any, prescribed under a regulation.
(5) A copy of an adjudication application must be served on the respondent.
(6) The authorised nominating authority to which an adjudication application is made must refer the application, as soon as practicable, to a person eligible to be an adjudicator under section 22.