Enduring Power of Attorney Documents
Klarissa Pantillano
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When thinking of estate planning most people consider only the most important document, their Wills. But a document that is often overlooked is an Enduring Power of Attorney document (‘EPA’). Despite the importance of this document most individuals delay preparing this document until its too late.
An EPA allows you to appoint a trusted person (a family member, friend, or professional (e.g. solicitor or accountant) to legally act on your behalf and make financial and or personal decisions when you are unable to do so yourself (if you lose the capacity)
Without a valid EPA in place, your loved ones may face significant difficulties if something unexpected happens and you were suddenly unable to manage your finances or make important decisions. Your family and friends may need to undergo a time-consuming, costly and stressful process of applying through a tribunal or court to be formally appointed to act for you. This is not ideal especially during an already challenging time.
Further an EPA ensures that the person chosen as your attorney to make decisions for you is someone you have personally chosen and trust.
Just because you have an EPA does not
mean you suddenly lose control of managing your own affairs. It simply means that you have planned ahead should your circumstances change with no notice. Whilst you have capacity any decision making for yourself remains your own.
It is also important to note that each Australian jurisdiction has its own specific documents that encompasses an EPA. Seeking advice relevant to your location can ensure the correct documents are prepared for you.
| State/Territory | Document to assist with Financial and legal matters | Document to assist with Personal and health matters |
|---|---|---|
| QLD | Enduring Power of Attorney | Enduring Power of Attorney |
| NSW | Enduring Power of Attorney | Appointment of Enduring Guardian |
| ACT | Enduring Power of Attorney | Appointment of Enduring Guardian |
| VIC | Enduring Power of Attorney | Appointment of Medical Treatment Decision Maker |
| TAS | Enduring Power of Attorney | Enduring Power of Guardianship |
| SA | Enduring Power of Attorney | Advance Care Directive |
| WA | Enduring Power of Attorney | Enduring Power of Guardianship |
| NT | Advance Personal Plan | Advance Personal Plan |
An EPA is a simple but powerful step in your estate planning as it protects your interests, supports your loved ones, and ensures that important decisions can still be made for you. Like a Will, it is a document everyone should consider as part of their estate planning.
At CJM Lawyers we can assist you in preparing your Enduring Power of Attorney documents, drawing on our highly experienced estate planning team. CJM Lawyers can guide you through the process with confidence and clarity, helping you put the right protections in place for the future. To discuss and arrange for a meeting to see how we can help you please book a meeting with Eva McLaughlin. To discuss and arrange for a meeting to see how we can help you, please book a meeting with a member of our estates team today!
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However, most disputes end at adjudication – the cost and delay of further litigation means parties often accept the determination as final. The Timeline: Speed Is Everything Adjudication moves fast. Once an application is made: Queensland : You typically have 10 business days to file your adjudication response. The adjudicator then has 15 business days to make a determination (extendable to 20 days with consent). New South Wales: You have 5 business days to file your response (extendable to 10 days with claimant consent). The adjudicator has 10 business days to decide (extendable to 15 days). These timeframes are strictly enforced. Late submissions may be rejected entirely, leaving you unable to present your case. What goes into an Adjudication Response? Your adjudication response is your opportunity to defend your position. It must be comprehensive because you’re limited to the reasons you included in your payment schedule – no new arguments are permitted. A strong response typically includes: Detailed submissions: Explaining why the scheduled amount is correct, addressing each element of the claim Supporting evidence: Contracts, correspondence, site records, photographs, expert reports, invoices Legal analysis: Interpretation of contract terms, legislative requirements, and relevant case law Technical challenges: Jurisdictional objections, validity issues with the claim or adjudication application This is not a simple letter. Adjudication responses regularly run 30–50 pages with extensive annexures. The adjudicator will be reviewing both parties’ submissions simultaneously, so clarity and organisation matter. The Adjudicator’s Decision The adjudicator will issue a written determination setting out their decision and reasons. They can: Uphold the claimed amount in full Accept your scheduled amount Determine a different amount between the two In both Queensland and NSW, you must pay the adjudicated amount within 5 business days (or as specified in the determination). Failure to pay can result in the claimant suspending work or, more seriously, obtaining a judgment for the debt and pursuing enforcement action against your company. Can You Challenge the Decision? Yes, but the grounds are narrow. You can apply to court to set aside an adjudication determination for: Jurisdictional error: The adjudicator made a decision they had no power to make Denial of natural justice: You weren’t given a fair opportunity to present your case Generally, you cannot challenge the adjudicator’s decision simply because you disagree with their assessment of the facts or law. The threshold for setting aside a determination is high. Importantly, you must still pay the adjudicated amount even while challenging the determination. The principle is “pay now, argue later.” The Importance of Early Preparation The adjudication timeframes are tight. Once you serve a payment schedule disputing a claim, you should assume adjudication is coming and start preparing immediately: Waiting until the adjudication application arrives leaves you scrambling. In NSW, with only 5 business days to respond, delay can be fatal to your case. Get Legal Guidance Adjudication is a high-pressure, time-critical process that requires immediate action and strategic thinking. Whether you’re facing an adjudication application or considering applying for one yourself, experienced legal advice makes the difference between success and failure. CJM Lawyers’ litigation and dispute resolution team regularly represents clients in security of payment adjudications across Queensland and NSW. We understand what adjudicators look for, how to present your case effectively, and how to protect your interests under tight deadlines. Don’t navigate adjudication alone – contact CJM Lawyers today. Disclaimer: This article provides general information only and does not constitute legal advice. Every adjudication is unique and requires specific legal advice tailored to your circumstances. Contact CJM Lawyers promptly if you are involved in a security of payment dispute.
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