The Building Disputes Tribunal does not charge an application fee for the nomination of adjudicators.
The parties will be required to meet the fees and expenses of the adjudicator. The presumption under the Act is that the parties will contribute to the fees and expenses of the adjudicator in equal proportions. However, an adjudicator may determine that the parties are liable to contribute to his or her fees and expenses in unequal proportions if, in the adjudicator’s view, the claimant’s claim or the respondent’s response was without substantial merit, or a party to the adjudication acted in a contemptuous or improper manner during the adjudication.
The cost of determining claims for amounts under $50,000.00 (including GST) that meet BDT’s LVC criteria is fixed according to the amount in dispute. Click here
to view the relevant fees for LVC claims and to review the specific terms and conditions which apply to the Low Value Claim Scheme Service.
For Low Value Claims, the parties are required to pay the full adjudication fee into BDT's trust account, as security for the adjudicator's fees and expenses, before we will issue the notice of acceptance on behalf of the adjudicator.
The cost of determining General Claims is based on the time engaged on the duties of the matter by the adjudicator. For these claims, there is simply no means of accurately determining how much an adjudication may cost at the outset, as the cost depends on many factors including: the number and complexity of the matters in issue; the volume of documentation and evidence provided; the manner in which the documentation and other evidence is provided; and whether and to what extent a party chooses to engage legal or other expert advisers to assist in the preparation of a claim or response.
Before the Building Disputes Tribunal will issue a notice of acceptance on behalf of an adjudicator, it requires the prescribed amount of security for the adjudicator’s fees and expenses to be paid into its trust account. The amount of security is determined on the basis of the amount in dispute. The security is not an estimate of the cost of the adjudication, which cost will ultimately be determined by the amount of time that an adjudicator is required to expend on the duties of the matter. Click here
to view the relevant security required for your case.