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작성자: July 2026 Edition 2026년 7월 13일
You’ve decided to buy a business. Sell a property. Or finally restructure the family group the way your accountant has been suggesting for years. You’ve done the hard part. You’ve made the decision and you’re sitting in your solicitor’s office ready to get moving. Instead, you’re asked for your driver’s licence. Then your passport. Then a few questions about who actually owns the company doing the buying, where the deposit money is coming from, and whether anyone else stands to benefit from the deal. If part of you starts wondering whether you’ve done something wrong, you haven’t. What’s changed isn’t you. It’s the law. The short version From 1 July 2026, law firms providing certain legal services became part of Australia’s anti-money laundering regime, the same set of rules banks have operated under for years. Accountants, conveyancers and real estate professionals were brought in at the same time. You might hear it called "Tranche 2", and it’s the biggest expansion of these laws in a generation. In plain terms, your lawyer is now legally required to understand who they’re acting for, who’s really behind a transaction, and where the money involved is coming from. Not because anyone suspects you of anything. Because the law now requires it. The reasoning is fairly simple. Criminals have long used professional services such as lawyers, accountants and agents to move illicit funds through otherwise legitimate-looking transactions. The reforms are designed to make that much harder. So why all the identification? The starting point is knowing who you are. That means sighting identity documents for the people involved in a matter, and for the businesses involved too. It’s the same principle as opening a bank account, just applied to buying a business, transferring property, or establishing and operating through a company or trust. For most clients it’s a five-minute exercise at the start of a matter. Have your identification ready and it barely registers. “But it’s my company. Why do you need to know who owns it?” This is the part that catches people off guard. When you deal through a company or trust, the law requires us to look beyond the entity and identify the real people behind it, the people who ultimately own or control it. It’s called beneficial ownership. If your structure is straightforward, this is usually quick. If it’s a company owned by a trust, controlled by another entity, with a corporate trustee sitting over the top, it can take a little longer to map out. That’s exactly the type of structure the rules are designed to understand. None of this means anything is wrong. It simply means we need to be able to clearly identify who is involved. Where did the money come from? You may also be asked about the source of funds being used in a transaction, and sometimes about the source of your wealth more broadly. For most people the explanation is entirely ordinary: proceeds from another property sale, a business sale, an inheritance, years of savings, or a loan from the bank. Usually it’s a short conversation. Occasionally we may ask for documents to support the explanation. In larger transactions, or where funds have moved through multiple accounts or entities, we may need a little more information to satisfy our legal obligations. Either way, it’s always better to have the conversation early than to have questions arise shortly before settlement. Why it might take a little longer to get started The practical reality is that more work now happens at the very beginning of a matter, before we can properly commence certain services or receive money into trust. It can feel like an extra step between you and getting on with things. The good news is that it’s largely front-loaded. Once it’s completed, the rest of the matter generally progresses the way it always has. How to make it painless Bring current identification for everyone involved. If you’re using a company or trust, make sure you understand the structure or bring the relevant documents with you. If there’s anything unusual about where funds are coming from, mention it early. Speak to us sooner rather than later. The earlier we commence, the easier it is to deal with any compliance requirements in the background. The bottom line We would much rather explain these requirements at the beginning than have you frustrated on settlement day. In reality, a firm that asks these questions properly is a firm doing its job. These processes don’t just protect the financial system. They also help protect clients, businesses and transactions from unnecessary risk. If you’re planning to buy, sell or restructure this financial year, the best thing you can do is speak with us before the transaction gathers momentum. We’ll get the groundwork sorted while things are still quiet, so compliance doesn’t become the reason your transaction stalls. Thinking about a purchase, sale or restructure this year? Have a chat with our commercial team early and we’ll make sure the paperwork is ready to go when you are. Contact CJM Lawyers on 1300 245 299 or commercial@cjmlaw.com.au .
작성자: July 2026 Edition 2026년 7월 13일
Cast your mind back to when you started your business. Somewhere in those early months you signed a stack of documents: an agreement with your business partner, a few employment contracts, maybe a set of terms and conditions that came from a template or a mate who'd done it before. You signed them, filed them, and got on with the actual work of running the place. When did you last read any of them? For most established businesses, the honest answer is "not since we set up". That's where problems can start. Your business has grown and changed enormously since then. The documents haven't moved an inch. That gap between what your paperwork says and how your business actually runs is exactly where trouble likes to hide. It usually surfaces at the worst possible moment: when a relationship sours, someone falls ill, or a deal falls through. Here are five documents worth reviewing this financial year. 1. Your shareholders' agreement, partnership agreement, constitution or trust deed This is the paperwork that answers the awkward questions nobody wants to ask while everyone's getting along. What happens if a co-owner wants out? If one of you dies? If someone wants to sell their share to an outsider you'd never choose to be in business with? If your business structure has changed over the years, do the documents still reflect reality? If you don't have an agreement at all, and plenty of successful businesses don't, those decisions may ultimately be determined by legislation and default legal rules that were never designed around the way your business operates. If you do have one, but it was drawn up years ago when the business looked completely different, it may no longer reflect who's involved, what the business is worth, or how you'd want things handled today. 2. Your buy/sell agreement (sometimes called business succession agreement / buyout deed) Closely related, and just as easy to forget. A buy/sell agreement sets out what happens to an owner's share if they die or can no longer work, and it's often funded by life or disability insurance taken out years ago. The mechanism only works if the money behind it still stacks up. Business values drift upward. Insurance cover doesn't automatically follow. We regularly see arrangements where the agreement promises one thing and the funding delivers something far short of it. It's worth checking the numbers still line up. 3. Your employment and contractor agreements Workplace laws don't stand still, and neither should your contracts. Recent changes have placed greater focus on the reality of a working relationship rather than simply what the contract says. That means an arrangement that made sense a few years ago may deserve another look today. An out-of-date contract, or a handshake arrangement that was never properly documented, can leave you exposed to disputes about pay, leave, superannuation and other entitlements long after the relationship has ended. It's worth reviewing your casual arrangements too, along with any employment or contractor templates you've been reusing without much thought. What was fine five years ago may not be fine now. 4. Your terms and conditions, and your privacy policy If your business sells, quotes, or collects customer information, particularly online, these documents do more heavy lifting than most owners realise. Good terms and conditions help you get paid, set out what you're responsible for (and what you're not), and give you something solid to stand on when a customer disputes an invoice. Your privacy policy matters more than it used to as well; even where the Privacy Act doesn't strictly apply, customers increasingly expect it. Businesses are facing increasing scrutiny around how they collect, store and use personal information. A privacy policy copied from another website years ago is unlikely to reflect what you're actually doing today. Following the rise in cyber incidents and data breaches, customers and regulators alike expect businesses to understand what information they hold, how it's protected and who has access to it. If your privacy policy doesn't accurately reflect your practices, it's probably time for a review. 5. Your succession plan and powers of attorney Here's a question most owners avoid: what happens to the business if you can't be there to run it, for a fortnight, or for good? Who signs off on EFT payments & wages? Who deals with the bank? Who makes decisions? Who keeps the lights on? For many businesses, key client relationships, banking authorities and operational knowledge sit with one or two people. If that person suddenly becomes unavailable, the disruption can be immediate. For companies, this usually needs to work alongside your constitution as an attorney can't simply step into a director's shoes, which is why the documents need to be designed together. A properly prepared enduring power of attorney, together with a clear succession plan, can help ensure someone has authority to manage key business affairs if you're unable to do so. It's not a pleasant thing to think about, which is exactly why so few people have it sorted. Before moving on, it is worth asking yourself a few simple questions: Do your ownership documents still reflect your current business structure? Have your employment and contractor agreements been reviewed in the last few years? Have your terms and conditions kept pace with the way your business now operates Does your privacy policy accurately reflect how you collect and use personal information? Would someone know how to keep the business running if you were suddenly unavailable? If you answered "no", or even "I'm not sure", to any of those questions, it may be time for a review. Don't try to fix everything at once. If that list feels like a lot, don't worry. You don't need a full legal audit, and you certainly don't need to do everything at once. Pick one document this quarter and have it reviewed. For most established businesses, ownership documents are often the best place to start because they help protect the thing you've spent years building. Many business owners are surprised by how much has changed since those documents were first signed. A short review now is usually far easier, and far less expensive, than dealing with a problem after it arises. The businesses that handle these issues well are not necessarily the ones with the thickest folders. They are the ones that occasionally stop and make sure their paperwork still reflects the reality of how the business operates today. Not sure whether your key business documents still hold up? Pick one and let our commercial team take a look this quarter. A short review now can save a great deal of trouble later. Contact CJM Lawyers on 1300 245 299 or commercial@cjmlaw.com.au .
작성자: Savannah Barrios 2026년 6월 30일
From 1 July 2026, new Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) laws will apply to accounting and legal practices, including CJM Lawyers. These reforms are designed to help prevent financial crime and bring professional service providers into line with obligations already followed by banks and other financial institutions. For certain services, we will be required to verify your identity before we can commence work. Depending on the engagement, we may ask for photo identification, details of the ownership and control of companies or trusts, and, in some cases, information about the source of funds. We may also complete standard screening checks against government and sanctions databases where required by law. If you are an existing client, there is nothing you need to do at this stage. These requirements will generally apply when you engage us for a new matter or service covered by the legislation. When verification is required, our team will guide you through the simple and secure online process. Your privacy remains important to us. Any information collected will be handled securely and used only to meet our legal obligations.  If you have any questions about these changes, do not hesitate to reach out to us for further assistance.
작성자: Nik Vinsek 2026년 5월 26일
So you have a debtor owing funds that have remained outstanding for months, and they have now gone completely silent. Engaging CJM Lawyers may be the next step in the right direction towards recovering your funds. Step 1: Final Demand Engaging a solicitor to issue a final letter of demand can sometimes be the first and last step in debt recovery. A solicitor will review the dispute, assess the strength of your claim, and issue a formal demand on your behalf through multiple channels, placing the debtor on clear notice of the seriousness of the matter. At this stage, most debtors will either pay the outstanding amount or re-engage in communication. When a debtor remains unresponsive, this can be frustrating; however, it is often simply the beginning of a structured recovery process. Step 2: Commence Proceedings Depending on the amount of the debt, commencing legal proceedings may be the next appropriate step where a debtor becomes unresponsive. We will help you assess the commercial viability of commencing proceedings based on a variety of factors including: debt amount; debtor responsiveness; the debtor’s assets and location; and timeframe for recovery. To commence proceedings, your solicitor will prepare a Claim and Statement of Claim and file these documents in the relevant Court. The complexity of the matter, as well as the supporting evidence available, will influence the framing of the claim, ranging from straightforward breaches of contract to more complex causes of action. The costs of commencing proceedings should always be considered and discussed with your solicitor to ensure the recovery action remains commercially viable. Once filed, the documents must be served on the debtor: for a company, service is typically affected by posting to its registered office; for an individual, a process server is engaged to affect personal service. Step 3: Default Judgment Once served, the debtor has 28 days in the Queensland courts to file and serve a Notice of Intention to Defend. In cases involving a silent debtor, no response is often received. After the 28-day period expires, your solicitor can apply for default judgment without the need for a court hearing. Once judgment is entered, you have six years to enforce the judgment debt. Step 4: Enforcement There are various avenues available to enforce judgment debt. If the debtor’s financial position is unknown, a Statement of Financial Position may be served, requiring them to disclose relevant financial information and documentation to assist in determining the most appropriate enforcement pathway. If they fail to comply, an enforcement hearing may be listed, at which the debtor’s attendance is compulsory. Failure to attend can result in serious consequences, including a warrant for arrest to attend the hearing. Where the debtor’s financial position is known, enforcement may proceed through several mechanisms, including bankruptcy proceedings, warrants for seizure and sale of property, redirection of debts, or garnishee orders against earnings or bank accounts. Your solicitor will assist in determining the most effective enforcement strategy based on the circumstances. Conclusion If your debtor has gone silent, it is not the end of the road for recovery. Seeking legal advice can help you assess the most appropriate recovery pathway, weighing up cost, risk, and commercial viability. It is always important to remember that litigation is inherently volatile and engaging a solicitor will help you assess the costs and benefits of this recovery route.  Speak to our Litigation and Disputes Team at CJM Lawyers today, and we will work with you to determine the most effective course of action to recover your funds.
작성자: May 2026 Edition 2026년 5월 26일
If you have a Will that includes a testamentary trust (or if you've been thinking about adding one) you may have seen some concerning headlines following the recent Federal Budget. Here's what you actually need to know. Do You Have Anything To Worry About Right Now? The Government has announced a policy intention, not a law. No legislation has been drafted, and what's finally passed by Parliament may look quite different to what's been announced. Should You Hold Off Setting Up A Testamentary Trust? If you already have a will with a testamentary trust, you're in a good position. No action needed right now. If you've been meaning to update your will or add a testamentary trust, this is a good prompt to get it done. Come and speak with us so we can structure it in the most effective way given the current landscape. If you're looking to set up a new discretionary testamentary trust, contact us before proceeding. We can make sure you're across your options and structured appropriately. Should You Come In For A Review Right Now? Not urgently - but if your will is overdue for a review anyway, now is a sensible time. We can make sure your documents are in good shape and flag anything worth keeping an eye on. What Should You Do In The Meantime? No action is required at this stage. We are closely monitoring the legislative process and will issue updates as things develop. In the meantime, we'd also encourage you to have a conversation with your accountant or financial adviser, as these changes touch on both legal and tax planning, and a combined approach will serve you best. If It Does Pass – What Does It Mean? A minimum 30% tax would apply to income distributed from new discretionary testamentary trusts established after the legislation takes effect (May 12, 2026). Fixed testamentary trusts are excluded from the proposed changes. If and when legislation is passed, we'll be in touch to walk you through what it means for your specific situation and what your options are. Why Might It Not Pass Its Current Form? Because right now it's a proposal, not a law. The legislation still needs to be drafted, introduced to Parliament, debated, and go through a consultation process where industry and the public can have their say. This process commonly results in significant amendments, and sometimes measures don't proceed at all. We'll keep you informed every step of the way. Have questions in the meantime? We're happy to help. Call us on 1300 245 299 or reply directly to this email. This communication is intended as general information only and does not constitute legal or tax advice. Your personal circumstances will determine how any changes may affect you, and we recommend seeking advice from both your solicitor and a registered tax agent before taking any action.
작성자: Coco Zu 2026년 4월 15일
Thinking of employing a skilled worker, or working for someone with your skills, but do not currently hold a visa to work in Australia? An Employer-Sponsored Visa may help resolve this dilemma. The Employer-Sponsored Visa program allows Australian employers to nominate overseas workers for positions that cannot easily be filled by local employees. For many migrants, an employer-sponsored visa provides a pathway to long-term employment and, in some cases, permanent residency. However, navigating the requirements, obligations, and eligibility criteria of these visas can be complex for both employers and applicants. We are able to help you through the whole journey from sponsorship to visa application. The Employer-Sponsored Visa program includes three main visa subclasses: subclass 482, subclass 494, and subclass 186. Each visa subclass has different requirements in relation to the nominated occupation, employment location, the applicant’s work experience and English skills. Given the frequent updates to policies and requirements, navigating this visa pathway can become complex and overwhelming. If you are considering whether any of the visa subclasses are suitable for your circumstances, now is the time to seek the right guidance. Our experienced solicitors in our Immigration team are ready to assist you at every stage, from initial eligibility assessment through to application and compliance, ensuring a smooth, efficient process while minimising risk and stress. Book an initial consultation with Coco Zu to discuss your situation, explore your options, and settle on a strategic plan tailored to your needs. With the right legal support and guidance from the start, CJM Lawyers can make all the difference to your future in Australia. Contact our office on 1300 245 299 or email info@cjmlaw.com.au to get started now!
작성자: Amanda Dowers 2026년 4월 15일
Recovering unpaid debts is a critical concern for businesses and individuals alike. While some may attempt to recover debts independently, engaging a lawyer offers significant advantages that can enhance the likelihood of successful recovery and protect the creditor’s interests throughout the process. 1. Legal Knowledge and Strategic Guidance Lawyers possess a comprehensive understanding of debt recovery laws, including relevant statutes, regulations, and procedural requirements. They can assess the merits of a claim, advise on the most effective recovery strategies, and ensure compliance with all legal obligations, thereby reducing the risk of procedural errors that could jeopardize the claim. 2. Professional Communication and Negotiation A lawyer’s involvement often signals to the debtor the seriousness of the creditor’s intent to recover the debt. Lawyers are skilled negotiators who can engage with debtors professionally, increasing the likelihood of reaching a settlement without the need for litigation. Their ability to draft and send formal demand letters can prompt payment or constructive dialogue. 3. Efficient Litigation and Enforcement Should negotiation fail, lawyers are equipped to initiate legal proceedings efficiently. They can prepare and file court documents, represent the creditor in hearings, and pursue enforcement actions such as garnishments, charging orders, or asset seizures. Their familiarity with court processes ensures that the matter progresses without unnecessary delay. 4. Risk Mitigation and Compliance Debt recovery efforts must comply with laws and regulations. Lawyers can ensure that all actions taken are lawful, thereby minimising the risk of counterclaims or regulatory penalties. 5. Maximising Recovery and Cost Efficiency By leveraging legal tools such as statutory interest, costs recovery, and security interests, lawyers can maximise the amount recovered. Their ability to assess the debtor’s financial position and identify available assets further enhances the prospects of successful recovery. Conclusion Engaging a lawyer in the debt recovery process provides creditors with legal knowledge, strategic advantage, and procedural efficiency. This professional support not only increases the likelihood of recovering unpaid debts but also ensures that the creditor’s rights are protected throughout the process. Speak to a member of our Debt Recovery team today by contacting our office on 1300 245 299 or via email at info@cjmlaw.com.au . Our team are backed by years of experience to provide practical, commercially focused guidance tailored to your specific circumstances and we strive to achieve great outcomes. To recover what you’re owed with confidence, let CJM Lawyers provide you with the right legal knowledge and support today!
작성자: Klarissa Pantillano 2026년 3월 20일
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.
작성자: Savannah Barrios 2026년 3월 20일
Australia’s anti-money laundering and counter-terrorism financing (AML/CTF) regime is undergoing significant reform, with the long-anticipated “Tranche 2” reforms set to reshape the regulatory landscape. What Are the Tranche 2 Reforms? Since the introduction of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, Australia’s AML/CTF regime has applied primarily to financial institutions, gambling providers and certain remittance services. Tranche 2 reforms will extend these obligations to additional high-risk sectors, including legal practitioners, accountants, trust and company service providers, real estate professionals and dealers in precious metals and stones. Key Compliance Obligations Entities newly captured under Tranche 2 will be required to: Enrol and register with AUSTRAC from 31 March 2026. Develop and maintain a compliant AML/CTF Program before 1 July 2026. Undertake customer due diligence (CDD), including identification and verification of clients and beneficial owners. Conduct ongoing customer monitoring. Report suspicious matters, threshold transactions and annual reports on an ongoing basis; and Maintain appropriate records and governance controls. Increased Regulatory Scrutiny and Enforcement AUSTRAC has demonstrated a willingness to take strong enforcement action against non compliant entities in recent years. With the expansion of the regime, newly regulated sectors can expect heightened supervisory engagement, including audits and enforcement proceedings where serious deficiencies are identified. Preparing for the Transition Although transitional periods are anticipated, affected businesses should begin preparing now. Early action may include conducting preliminary risk assessments, mapping services against designated activities, reviewing client onboarding procedures, and engaging external advisors to assist with program design and implementation. The Tranche 2 reforms represent one of the most recent substantial expansions of Australia’s financial crime regulatory framework. For many organisations, compliance will not simply be a box-ticking exercise, but a fundamental operational adjustment. How Can We Help? At CJM Lawyers, we have been closely monitoring the evolving AML/CTF regime for years through our experience in advising Tranche 1 entities of their compliance obligations. Our team can assist with risk assessments, AML/CTF program development, governance reviews, and regulatory engagement to ensure your organisation remains compliant. In a rapidly changing legal and regulatory landscape, proactive and ongoing advice is essential — and we are here to help you stay regulated, protected and prepared. Arrange for a meeting with a member of our experienced regulatory compliance team to see how we can help you navigate this new area with confidence.
작성자: Nagisa Kumagai 2026년 2월 10일
Preparing a Contract for Sale of Land in NSW is a critical step in any property transaction. For vendors, the contract sets the legal framework for the sale and defines the rights and obligations once contracts are exchanged. Errors or omissions at this stage can expose a vendor to issues such as delays and disputes.  In NSW, a property cannot be marketed for sale without a draft Contract for Sale. The contract must include prescribed documents, also known as vendor disclosure documents. These include: a current title search; a plan of the land; relevant dealings affecting the land; a Council Planning (section 10.7) Certificate; and a sewerage diagram. Depending on the property, additional documents may be required, such as strata records, pool compliance or non-compliance certificate or notices affecting use or development. The consequences of missing disclosure documents can be significant. A purchaser may have a statutory right to rescind the contract within 14 days after exchange if certain prescribed documents are not included, which can result in a sale being terminated even where price and key terms have been agreed. It is also important that proper special conditions are drafted. These can address things such as potential property issues, manage tenancy arrangements and tailor settlement terms. Poorly drafted or missing conditions often lead to disputes, which can cause delays in settlement, prompt renegotiation or allow the purchaser to rescind the contract. Timing is also important. Preparing the contract early allows potential issues to be identified before a property is listed. This reduces pressure during negotiations and helps avoid last minute amendments that can unsettle a transaction or lead to a purchaser withdrawing. CJM Lawyers assists vendors across NSW with the preparation of Contracts for Sale of Land, ensuring that disclosure obligations are met and that the contract accurately reflects the property and the vendor’s position. We provide practical advice on risk management, special conditions and settlement planning. A well prepared contract is the foundation of a smooth property sale. Early legal advice can reduce risk, protect value and support a timely settlement. If you would like advice on preparing a Contract for Sale, contact the CJM Lawyers NSW property team.
작성자: Kale Venz 2026년 2월 3일
You’ve served your payment schedule disputing a construction payment claim. Now the claimant has applied for adjudication. What happens next? Many respondents enter the adjudication process unprepared, not realising how quickly decisions are made or how binding they are. Understanding the adjudication process under Queensland’s Building Industry Fairness (Security of Payment) Act 2017 and NSW’s Building and Construction Industry Security of Payment Act 1999 is critical to protecting your interests. What Is Adjudication? Adjudication is a fast-track dispute resolution process designed to provide interim cash flow relief while preserving parties’ rights to pursue final resolution through court or arbitration. An independent adjudicator reviews the payment claim, payment schedule, and supporting materials, then makes a binding determination on how much must be paid. The key word is interim. The adjudicator’s decision determines payment obligations temporarily, not permanently. 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.
작성자: Kale Venz 2026년 2월 3일
A payment claim arrives from your contractor demanding payment. Your instinct might be to set it aside while you check the details. That delay could be the most expensive mistake you make. Under Queensland’s Building Industry Fairness (Security of Payment) Act 2017 and NSW’s Building and Construction Industry Security of Payment Act 1999, you could become legally obligated to pay the full amount – even if you dispute the work – simply by failing to respond on time. What Is a Payment Claim? A payment claim is a formal written demand for payment under a construction contract. It doesn’t need to be labelled “payment claim” – an invoice or progress claim identifying the work and amount will often suffice. These claims are designed to keep cash flowing through construction projects, giving claimants a fast-track recovery process. The Danger of Doing Nothing If you don’t respond by serving a payment schedule within the prescribed timeframe, you are deemed to have admitted the claim. This means you become liable to pay the full amount – even if the work was defective or never performed. The claimant can take immediate debt recovery action, and you lose your right to dispute through adjudication. The Timeframes Are Tight Unless your contract provides otherwise, the timeframes are tight and are usually: Queensland: 15 business days from receiving the payment claim to serve a payment schedule. New South Wales: 10 business days from receiving the payment claim to serve a payment schedule. These are strict deadlines with limited discretion for extensions. The consequences of missing them are severe. What Is a Payment Schedule? A payment schedule is your formal response to the claim. It must identify the claim, state the amount you propose to pay (which can be zero), and provide reasons if you’re paying less than claimed. What Happens Next? After serving a payment schedule, the claimant can either accept your scheduled amount or apply for adjudication – a rapid process (typically 10–15 business days) where an independent adjudicator reviews the dispute. The adjudicator’s decision is binding, meaning you must pay the adjudicated amount even if you plan to challenge it later in court. Why You Need Legal Advice Now Time is not on your side. Getting legal advice immediately is essential to: Assess validity: Not every claim is valid under the legislation. A lawyer can identify defences quickly. Prepare a payment schedule: An invalid payment schedule leaves you exposed as if you hadn’t responded at all. Don’t Let the Clock Run Out Security of payment legislation protects cash flow in the construction industry, but it places significant responsibility on you to respond quickly and correctly. The penalty for getting it wrong is severe. Our experienced litigation team regularly assists clients with security of payment disputes across Queensland and NSW. We can review your claim, prepare a compliant payment schedule, gather evidence, and represent you in adjudication if required. Don’t face this alone – contact CJM Lawyers today. Disclaimer: This article provides general information only and does not constitute legal advice. Security of payment legislation is complex and fact-specific. It is essential to seek specific professional legal advice tailored to your individual circumstances as soon as you receive a payment claim.
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