Australian Solutions Centre has implemented fixed fees up to $40,000.00 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 $40,000.00 can now do so, knowing the actual amount they will be charged.
Adjudication Fees include both the ANA and Adjudicator fees.
The total fee must be paid before the determination is released and is collected by ASC and can be paid by the Claimant or the Respondent or 50% each if both parties agree.
Once the fee is paid and the funds have been cleared the determination will be forwarded to both parties.
The determination will state who is labile 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 fees, the Respondent must pay the adjudicated amount and the adjudicator's fees.
Once the determination 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 can apply for an adjudicastion certificate after the 5 business day period has lapsed. Please note fees do apply and once paid the Certificate will be sent via express post (see Certificate Fees in the Fee Schedule above).
The adjudication certificate is filed in court as a judgement. 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 same way as any court judgement without court intervention. Judgement can be enforced by a number of options.