Building & Construction Industry Security Of Payment Act 2009
Enforcing A Judgement
Once you have received an Adjudication Determination in your favour you may enforce the judgment:
Adjudicated Amounts Summary:
In the determination the Adjudicator will state the amount you are to receive, the due date and the interest rate payable as of the due date. All of this information is to be collated into the Adjudicated Amounts Summary and served on the Responding giving them 5 business days to pay.
If full payment is not received within the 5 business days you may apply for an Adjudicators Certificate.
Judgement can be entered into Court using the Adjudicators Certificate. Once you have obtained the Judgement Order you can begin enforcement of the judgement.
There are several options. If the Judgement Debtor is an individual you may garnishee their bank, their wages if they are employed, you can take a Lien over property they may own, or if the debt is over $5,000.00 you can commence Bankruptcy proceedings. If the Judgement Debtor is a corporation you can garnishee their bank, you can take a Lien over property they may own, you can issue a Creditors Statutory Demand For Payment, or you can use the Contractors Debts Act to garnishee the principal contractor.