The Queensland Building and Construction Commission (“QBCC”) requires claimants to complete the QBCC Adjudication Application form (Form 6, Version 2) before an application will be accepted. The form can be filled in on line or downloaded and filled in and submitted with the application documents.
Prior to the December 2014 Amendments to the BCIPA each individual ANA had its own adjudication application form for administrative purposes.
The difference between the pre and post December 2014 adjudication application form is hidden in the detail.
Form 6 and the current legislation
Under the current legislation the adjudication application form forms part of the adjudication application. Section 21(3)(a) of the Act requires the adjudication application to be in the approved form.
QBCC Form 6, Version 2 relevantly states:
- At page 1 – ‘(This is an approved form to be used for an application for adjudication of a payment claim made under the Building and Construction Industry Payments Act 2004 (Qld) hereinafter referred to as ‘the Act’)’
- At page 1 – ‘The documents attached to or submitted with this application form part of this application.’
- At page 1 – ‘You are to serve a full copy of this application for adjudication onto the respondent before the application can be decided by an adjudicator.’
- At page 5 – ‘In applying for adjudication the claimant agrees that: The claimant is required to serve a complete copy of the adjudication application (including all submissions and attachments) to the respondent.’
Accordingly, Form 6, Version 2 is an essential requirement of a valid adjudication application.
As a consequence, when the claimant serves the respondent with a copy of the adjudication application it MUST include a copy of the adjudication application form and if it does not, the respondent will not have been served with a complete copy of the adjudication application, and the time within which the respondent can make its adjudication response will not have started.
This is yet another change in the legislation which has gone relatively unnoticed, yet it can have serious consequences to the parties and the adjudicator.
QBCC has now revised its Adjudication Application form (Form 6), from Version 2 to 3). This change was unannounced and the format of the revised form 6 is very different to its predecessor.
Importantly on page 2 under ‘COMPLETING THIS FORM’ it states
‘You are to serve a full copy of this application and submissions on the respondent after it is lodged with the registry. ‘
Notwithstanding the change in wording, it is clear that the application form must be provided to the respondent with a copy of the claimant’s submissions for the respondent to have been properly served.
If in doubt – seek expert assistance from Adjudicate Assist.