Adjudication Certificates: Turning a Determination Into an Enforceable Debt

Winning an adjudication determination doesn't automatically put money in your account. If the respondent still doesn't pay, the adjudication certificate is the document that turns your win on paper into something you can actually enforce.

What an adjudication certificate is

Once an adjudicated amount goes unpaid, the claimant can apply to the authorised nominating authority for an adjudication certificate. The certificate must state that it's made under the Act, the claimant's and respondent's names, the adjudicated amount, and the date payment was due — and at the claimant's request, it can also include any unpaid interest and any of the respondent's share of adjudication fees the claimant has already covered. Before it can be filed, the certificate must be accompanied by an affidavit from the claimant stating that the adjudicated amount, or the relevant part of it, remains unpaid; where only part is unpaid, judgment is entered for that unpaid balance. Once filed, it operates as a judgment for a debt in a court of competent jurisdiction, without having to re-argue the underlying dispute.

Why this step exists separately from the determination

An adjudication determination on its own isn't directly enforceable in the same way a court judgment is. The certificate bridges that gap, giving claimants access to standard enforcement mechanisms, such as garnishee orders, writs for the seizure of property, or bankruptcy or winding-up proceedings, without starting a fresh court case on the merits.

The respondent's limited ability to challenge enforcement

Because the underlying dispute was already adjudicated, a respondent's ability to resist enforcement of a filed certificate is narrow: if they apply to have the judgment set aside, they're not entitled to bring a cross-claim or raise any defence relating to matters arising under the construction contract, and they must pay the unpaid adjudicated amount into court as security while those proceedings are on foot. This is deliberate. It's what gives adjudication real teeth compared with a determination that a respondent could otherwise simply ignore.

How this applies across NSW

Sydney metro

Enforcement action against corporate respondents around Liverpool and Blacktown often moves toward winding-up proceedings where a company is showing broader signs of financial distress, not just reluctance to pay one claim. For our broader construction law services in these areas, see Archer Lawyers' Liverpool and Blacktown pages.

Regional NSW

For regional respondents around Tamworth and Dubbo, enforcement can be more straightforward where assets, such as vehicles, equipment or property, are easier to identify locally. For our broader construction law services in these areas, see Archer Lawyers' Tamworth and Dubbo pages.

Frequently asked questions

How soon can I apply for an adjudication certificate?

Once the amount ordered in the determination has gone unpaid by the date it was due to be paid, you can apply for the certificate.

Do I need to go to court to get a certificate?

No, the certificate itself is obtained through the authorised nominating authority. Court involvement comes later, when filing the certificate as a judgment — which also requires an affidavit confirming the amount remains unpaid.

Can the respondent stop enforcement once a certificate is filed?

It's narrow. To challenge it, they'd need to apply to have the judgment set aside — without being able to raise a cross-claim or contract-based defence — and they must pay the unpaid amount into court as security while that's on foot.

What enforcement options are actually available?

Standard judgment enforcement tools, including garnishee orders, property seizure, and bankruptcy or winding-up proceedings depending on the respondent's structure and assets.

What if the respondent is genuinely insolvent?

Enforcement options narrow considerably against an insolvent respondent, and your position may depend on other parties in the payment chain, which is worth assessing early.

If a determination has gone unpaid, don't let it sit. Contact our team for a free assessment of your enforcement options.