Victorian Consolidated Regulations

Building and Construction Industry Security of Payment Regulations 2003 - SCHEDULE

FORMS FORM 1 Regulation 4 Building and Construction Industry Security of
Payment Regulations 2003 NOTICE OF CLAIM (Section 32(2) of the
Building and Construction Industry Security of Payment Act 2002) To: [name and
address of principal] An adjudicator has determined that an adjudicated amount
is payable by [insert name and address of respondent] to me, [insert name and
address of claimant], in respect of a construction contract dated [insert
relevant date of contract] between me and the respondent. The adjudicated
amount is in respect of: [insert details of the time and place that the
construction work was carried out and, if relevant, the time and place any
goods and services were supplied]. A debt certificate has been issued under
section 33 of the Act by the [insert name of Court] dated [insert date
certificate was issued] and is attached [attach a copy of the certificate].
Unless, on your application, a court grants a stay of payments under section
37 of the Act, section 35 of the Act provides that after a notice of claim is
served on you, you are required to pay me the amount you owe to the respondent
under a related contract with the respondent, as set out in the attached debt
certificate. If you fail to make such payment, under section 38 of the Act, I
am entitled to sue and recover the debt from you.

Signature of claimant: Print name and address of claimant: __________________
FORM 2 Regulation 5 Building and Construction Industry Security of Payment
Regulations 2003 DEBT CERTIFICATE (Section 33(2) of the
Building and Construction Industry Security of Payment Act 2002) IN THE [name
of court] of VICTORIA AT [insert place]

In proceedings betweenž [name of claimant] of [address]

and

[name of respondent] of [address] On the application of the claimant under
section 33 of the
Building and Construction Industry Security of Payment Act 2002, judgment
having been *given/*entered in these proceedings for the recovery of [insert
amount] being an adjudicated amount ordered on [insert date] to be recovered
as a debt, this certificate for [insert amount] is issued with respect to the
debt.

Date of issue: [insert relevant date]

[Signature of relevant court officer]

[Court seal]

* delete whichever is not applicable. __________________ FORM 3 Regulation 6
Building and Construction Industry Security of Payment Regulations 2003
DISCHARGE NOTICE (Section 40(2) of the
Building and Construction Industry Security of Payment Act 2002)

To: [name and address of principal/respondent*]

I acknowledge the payment of $                      by [insert name of *principal/*respondent] to me as *partial/*full discharge of the amount due to me in accordance with the debt certificate issued by the [insert name of Court] under section 33 of the Act on [insert date certificate issued].


Dated:

Signature of claimant:

Print name and address of claimant:



* delete whichever is not applicable __________________ FORM 4 Regulation 7
Building and Construction Industry Security of Payment Regulations 2003 NOTICE
OF NAMES OF PERSONS FROM WHOM A CLAIMANT MAY RECOVER (Section 41(1) of the
Building and Construction Industry Security of Payment Act 2002) To: [name and
address of claimant]

I have carried out construction work or supplied goods and services in respect of:   [insert details of the time and place the construction work was carried out and, if relevant, the time and place any goods and services were supplied] to the following *person/*persons:


[insert name of person or persons]

Dated:

Signature of respondent:

Print name and address of respondent:



* delete whichever is not applicable __________________

FORM 5 Regulation 8 Building and Construction Industry Security of Payment
Regulations 2003 NOTICE OF LIEN (Section 12A of the Building and Construction
Industry Securityof Payment Act 2002) To: [name and address of respondent] On
[date] I [insert name and address of claimant] served on you a payment claim
for a progress payment identified as [insert information identifying the
payment claim]. The payment claim was made in respect of *construction work
carried out/*goods and services supplied by me under the construction contract
identified as [insert information identifying the contract]. The progress
payment became due and payable on [date]. I supplied the following *unfixed
plant/*materials in connection with carrying out the construction work under
that contract: [clearly identify any unfixed plant or materials to which this
notice refers]. At the date of this notice, I have not received the progress
payment. Accordingly I am exercising a lien in respect of the unpaid amount of
the progress payment over the unfixed plant and materials listed in this
notice. The lien will be extinguished when I receive the progress payment.
Signature of claimant: Print name and address of claimant: Date:

*delete if inapplicable Note Section 12A(1) of the Act provides that if a
progress payment under a construction contract becomes due and payable, the
claimant is entitled to exercise a lien in respect of the unpaid amount over
any unfixed plant or materials supplied by the claimant for use in connection
with the carrying out of construction work for the respondent. ---------------