After the Adjudication Decision: What Queensland Builders Do Next

Published by Odyssey Legal | Business, Construction & Litigation Lawyers

An adjudication decision under the Building Industry Fairness (Security of Payment) Act 2017 (BIFA) lands, and your dispute is not over: it is entering a new phase. Whether the determination went in your favour or against you, your next steps matter enormously. Queensland builders who understand what to do after an adjudication decision protect their money, their rights, and their business.

Understanding What an Adjudication Decision Actually Means

An adjudicator's determination is binding and enforceable. It is not a court judgment, but it carries significant legal weight. Under BIFA, the respondent (the party that must pay) is required to pay the adjudicated amount within five business days after the decision is served, unless a stay is in place.

This short timeframe is deliberate. The entire security of payment scheme exists to keep money flowing through the construction industry. If you are the claimant and you have won, you need to move quickly. If you are the respondent and you have lost, you also need to move quickly, though for different reasons.

If You Won: Enforcing a Favourable Adjudication Decision

Winning is the beginning, not the end. A determination in your favour is worth nothing if the respondent simply refuses to pay. BIFA gives you powerful enforcement tools.

Register the decision as a judgment

Under section 100 of BIFA, an adjudicated amount that has not been paid can be registered as a judgment debt in the relevant Queensland court. Once registered, you can enforce it like any other court judgment, including through debt recovery processes such as a warrant for the seizure and sale of property.

Issue a payment withholding request

If the respondent is owed money from a principal further up the contractual chain, you may be able to issue a payment withholding request to that principal under Part 3 of BIFA. This effectively freezes money that would otherwise flow to the respondent and redirects it toward satisfying your adjudicated amount.

Suspend work

If the adjudicated amount is not paid within the required period, you have the right under BIFA to suspend work. You must give two business days' written notice before suspending. Suspension is a significant step. Take legal advice before exercising this right to ensure you follow the correct process.

Consider debt recovery proceedings

Registering the determination as a judgment opens the door to debt recovery options including where the respondent is:

1. a company, a statutory demand under the Corporations Act 2001, which can be the precursor to a winding-up application; or alternatively,
2. an individual, a bankruptcy notice under the Bankruptcy Act 1966, which can be the precursor to forcing the debtor in bankruptcy.

If You Lost: Challenging an Adverse Adjudication Decision

An adverse determination is not necessarily final. There are legitimate pathways to challenge a decision, but they are limited, and the grounds are narrow. BIFA adjudication is designed to produce quick, binding outcomes. Courts do not easily interfere.

Jurisdictional error. The primary ground for setting aside an adjudication decision in Queensland is jurisdictional error. This occurs where the adjudicator made a decision that was outside their power: for example, by determining a claim that did not validly satisfy the requirements of BIFA, or by failing to consider something they were required to consider. This is a high bar to meet.

Apply for judicial review. If you believe a jurisdictional error occurred, you can apply to the Queensland Supreme Court for judicial review of the decision. You must act promptly. Delay can result in the court declining to grant relief even where an error exists. The process is technical and requires experienced legal representation.

Do not re-run the adjudication. If you are tempted to withdraw a losing application and re-lodge it with a different nominating authority in the hope of getting a better result, understand the risk: this approach was declared an abuse of process by the NSW Court of Appeal in Kwik Flo Pty Ltd v SE Ware Street Dev Pty Ltd [2026] NSWCA 9, resulting in a $1.2 million determination being set aside entirely. The same principles apply in Queensland.

Pay under protest and pursue other remedies. In some cases, the most practical response to an adverse determination is to pay the adjudicated amount and pursue your substantive rights through litigation or arbitration. Payment under protest preserves your position. Adjudication is an interim remedy. The underlying dispute can still be resolved through the courts or another formal process.

Time Limits and Why Speed Matters

Speed is critical on both sides of an adjudication decision. For claimants, delay in enforcing a favourable decision can allow assets to be moved, businesses to wind down, or debts to become practically irrecoverable. For respondents, delay in seeking judicial review can be treated by courts as acquiescence, weakening or extinguishing your right to challenge.

There is no fixed statutory deadline for judicial review applications in Queensland, but the courts expect prompt action. A respondent who waits months before challenging a determination will face significant resistance from the court, even where a genuine jurisdictional error existed.

Claimants should also be aware that the right to suspend work and the ability to register a determination as a judgment depend on strict compliance with the notice and procedural requirements set out in BIFA. Cutting corners creates legal risk.

Why Legal Advice After an Adjudication Decision Is Essential

Whether the decision went your way or not, the period immediately following an adjudication determination is when the stakes are highest. A favourable decision can be wasted if enforcement is poorly handled. An adverse decision can be made worse by reactive decisions made without proper advice.

At Odyssey Legal, we work with Queensland builders and contractors at every stage of the security of payment process, from preparing and responding to payment claims through to enforcement and judicial review. If you have just received an adjudication decision and are not sure what to do next, contact us before you act.

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