Security of Payment legislation gives people who carry out construction work, or supply related goods and services, a fast statutory pathway to claim progress payments — separate from suing on the contract. Each of Queensland, Victoria, New South Wales and the ACT has its own Act, and the detail differs, so always check the regime that applies to your contract.
What these laws do
In broad terms, they give you a right to make a payment claim for work done, set out what the other party must do if they dispute it, and provide a quick, low-cost adjudication process to decide how much is payable — without going to court first. The aim is to keep cash flowing down the contracting chain.
Payment claims and payment schedules
A payment claim is the formal document that says how much you're owed for a period of work. If the other party disagrees, they generally must respond with a payment schedule within a set time, saying how much they propose to pay and why. Miss the deadline to respond, and in some regimes the full claimed amount can become payable.
Reference dates and deadlines
A "reference date" is the date that triggers your right to make a claim for a period. The timeframes for claiming, responding and applying for adjudication are short and strict — and they vary by state. Diarising them matters: a missed deadline can cost you the fast pathway.
Adjudication
If a claim isn't paid or is disputed, you can apply to have an independent adjudicator decide the amount, usually within a few weeks. An adjudication determination is enforceable, which makes it a practical alternative to litigation for progress payments.
How Merion fits
Many overdue construction accounts don't need a formal adjudication — a clear, well-documented demand resolves them. Where a matter does warrant the Security of Payment process or legal recovery, we coordinate with qualified practitioners. We'll give you a candid view of the best path before anything proceeds.
General information only, not legal advice. Security of Payment regimes differ across QLD, VIC, NSW and the ACT and change over time — verify the rules for your contract and seek advice on anything significant. This guide is being finalised.