Adjudication fees

ABC DRS provides flexibility in adjudication fees. We currently offer two fee structures for the determination of adjudication applications – fixed fee and non fixed fee adjudication.

This fee structure is relevant to all jurisdictions (except Western Australia) where ABC DRS offer adjudication services – New South Wales, South Australia and the Australian Capital Territory and Tasmania.

Fixed fee adjudication

Fixed fee gives both claimant and respondent some assurance regarding the costs of entering the adjudication process.

If your adjudication meets a certain number of criteria, you can have your adjudication application determined for an easy up-front fixed cost.

A fixed fee includes:

  • The fees and expenses of the nominated adjudicator
  • The cost of producing an adjudication certificate, if required
  • Plus any disbursement costs related to printing, faxing or other miscellaneous costs up to the value of $50.00 (ex. GST).

To elect to have your adjudication application determined under fixed-fees, the claimant simply indicates this in the prescribed boxes on the relevant adjudication application form.

The table below indicates the fixed fee adjudication bands, what payment claims ranges the band covers alongside the relevant adjudication charge.

Band

Payment claim range

Adjudication fee

Total adjudication fees (inc GST & disbursements charge)

1

0 – 6,500

700.00

770.00

2

6,501 – 15,000

1,050.00

1,155.00

3

15,001 – 25,000

2,050.00

2,255.00

4

25,001 – 40,000

3,150.00

3,465.00

5

40,001 – 60,000

4,150.00

4,565.00

6

60,001 – 100,000

5,650.00

6,215.00

The major stipulation with fixed fee adjudication is that the adjudication fee must accompany the adjudication application.

The Authorised Nominating Authorities fee charged to the adjudicator ranges from 25% to 30% of the charge rate above.

However, there are a range of other terms and conditions regarding fixed fee adjudication. You can read these terms and conditions on the relevant adjudication application document or contact our office for further information.

Non-fixed fee adjudication

Non-fixed fee adjudication is offered as an option for all adjudication applications. Non-fixed fee adjudication simply based on time and labour of the adjudicator.

Non-fixed fee adjudication is required in the event of costly or complex adjudication applications and the suitability of this adjudication method is based on the size of the payment claim.

The cost of the adjudicator is based on their experience and suitability but are charged along three fee bands.

  • Grade 1 adjudicator – $250 per hour excluding GST.
  • Grade 2 adjudicator – $325 per hour excluding GST.
  • Grade 3 adjudicator – $400 per hour excluding GST.

The Authorised Nominating Authorities fee charged to the adjudicator is 25% of the charge rate above.

Furthermore, if an adjudication certificate is required, there is a cost of $200 excluding GST.

While there are no up front adjudication application fee, determinations will not be released until fees are paid.

There are a range of terms and conditions regarding non-fixed fee adjudication. You can read these terms and conditions on the relevant adjudication application document or contact our office for further information.

Western Australia adjudication fees

WA legislation prescribed two fee regimes as outlined below.

Prescribed maximum adjudication fees:

The WA legislation prescribes a range of maximum adjudication fees and expenses for payment claims up to $50,000 (inc GST) as follows:

Band      Payment claim range                                               Maximum adjudication fees(inc GST                                                                                                           & Disbursements charge)
1             Not more than $5,000                                             $900
2             More than $5,000 but not more than $15,000        $1,500
3             More than $15,000 but not more than $20,000      $2,750
4             More than $20,000 but not more than $25,000      $3,300
5             More than $25,000 but not more than $40,000      $5,500
6             More than $40,000 but not more than $50,000      $7,250

The prescribed fees include the adjudicators and ANA fees, GST and disbursements but do not include the costs incurred in arranging for a test or engaging an expert to investigate and report on any matter.

Non-fixed fees:

The adjudicator hourly rates are as per the registered adjudicator’s published hourly rates on the DMIRS website and include the ANA fees.

The Authorised Nominating Authorities fee charged to the adjudicator is 25% of the charge rate above for both prescribed maximum fees or non-fixed fee regimes.