Adjudication in Australasia

Using an adjudicator provides a quick ruling on disputed claims in a construction contract. This allows cash to be freed-up and flow fairly to contractors.

The qualified adjudicator reviews evidence and reasoning as permitted under Security of Payment legislation  from opposing parties to determine the rights and obligations of those involved.

Our DRS is an authorised nominating authority, or equivalent, in Australia, except Queensland, and New Zealand. As a nominating authority, we can appoint qualified, trained and impartial adjudicators to applications made under security of payment legislation.

Our adjudicators are required to be:

• Senior professionals with 10 years’ industry experience who are specialists with accredited qualifications in their area
• Where applicable, registered with Security of Payment Authority
• CPD compliant and trained in adjudication
• Ethics trained
• Knowledgeable of the relevant laws
• Bound by our Service Level Agreement and Rules of Conduct.

We assess the nature of the application, and appoint an adjudicator according to their skills and availability. In addition, all adjudicators are required to perform a conflict of interest check prior to accepting a matter.

Refer below to your jurisdiction’s adjudication process for further information.

• Australian Capital Territory Government, Environment & Sustainable Development
• New South Wales Government, NSW Fair Trading
• Northern Territory Government, Department of the Attorney-General & Justice
• South Australian Government, Attorney-General's Department
• Tasmanian Government, Department of Justice
• Victoria Government, Victorian Building Authority
• Western Australian Government, Department of Commerce, Building Commission
• New Zealand Government, Ministry of Business, Innovation & Employment

Queensland no longer nominates authorities. Refer to the Queensland Building and Construction Commission for information on adjudication.

Contact the DRS team

• Email us
• Tel: + 61 1300419823

Costs by jurisdiction

Different fees and expenses apply depending on where you live. In some jurisdictions, withdrawal of applications are permitted but it is likely there will be charges for the claimant. Adjudicators will advise the charges at the time of withdrawal.

Australia (except WA and NT)

• Optional 4 tier fixed-fee based on claim size
• Beyond the 4 tiers, claims above $40,000 attract an hourly rate
• No application fee

Western Australia and Northern Territory

Payments to us and adjudicators are separated:

• Application fee payable to RICS Oceania
• Adjudicator advises of their hourly rate

New Zealand

• 3 tier fixed-fee based on claim size
• Beyond the 3 tiers, claims above $25,000 attract an hourly rate
• No application fee

Victoria

Fee Sharing Arrangement and Support Services

RICS Dispute Resolution Service (DRS) operates under a fee-sharing arrangement with its adjudicators. Under this arrangement, adjudicators pay 25% of their adjudication fee to RICS. This is not an additional charge to the parties involved in adjudication.

What the Fee Covers

This fee supports RICS’s role as an Authorised Nominating Authority (ANA) and contributes to the delivery of high-quality adjudication services. In return, RICS provides adjudicators with:

• Management of the adjudication process, including receiving applications and issuing notices under the relevant Acts
• Administrative support, such as answering procedural questions and communicating with parties, their representatives, courts, and government bodies
• Invoicing and fee collection, including reminders and follow-up

Hourly Rates

Adjudicators' hourly rates vary based on their experience level. These are published on the Adjudication Application Form, which is available to all parties.

Applications

Use our direct links beneath to get the right forms for your area.

Adjudication applications (claims) can be hard copies lodged at any RICS office, emailed to drsaus@rics.org. Local addresses for service of documents are included within the application forms.

Complaint Procedures

If you have any complaints with our service, the procedures to follow RICS Dispute Resolution Service complaints procedures are available to download: