Australian Solutions Centre has implemented the initiative to cap fees up to $100,000 (with conditions) at a competitive rate which we believe are very attractive to government and industry alike.
Those wishing to make an adjudication application with us, for claims less than $100,000, can now do so with the knowledge of the maximum fee that can be applied. In the vast majority of cases the adjudication fees charged will be less than the capped amount.
Adjudication fees include both the ANA and Adjudicator fees. These total fees are collected by ASC.
The total fee must be paid before the determination is released. The fee can be paid by the Claimant or the Respondent or 50% each if both parties are in agreement.
ASC always endeavour to keep the fee's low whilst delivering fair and just outcomes for Claimant and Respondents.
Once the fee is paid the determination will be forwarded to both parties. The determination will state who is liable for the total adjudication fee's pursuant to the Act. Therefore, if the Claimant has paid the adjudicators fee's and the adjudicator has determined that the Respondent is liable for the fee's, the Respondent must pay the adjudicated amount and the adjudicator's fees.
Once the determinated has been served on both parties, the Respondent must pay the Claimant the adjudicated amount and, if liable, the adjudicator's fees within 5 business days. If the Respondent does not pay the Claimant, the Claimant can apply for an adjudication certificate after the 5 business day period has lapsed.
The adjudication certificate is filed in court as a judgment. The certificate must be supported with an affidavit of debt and state the amount is still outstanding. Fee's will be payable to the court for filing the certificate and if applicable any fee payable to ASC. Note these amounts are included in the total amount due along with any interest on the outstanding amount. The court will issue a certificate of judgment which is enforceable in the say way as any court judgment without court intervention. Judgment can be enforced by a number of options.