Adjudicator Fees: Who Pays and How Much?

One of the real advantages of adjudication over litigation is cost. It's still not free, and understanding how fees are set and apportioned helps avoid an unwelcome surprise once a determination is handed down.

How adjudicator fees are set

Adjudicator fees are generally set with reference to the fee schedule of the authorised nominating authority the application was lodged with, and reflect the complexity and value of the matter, along with the time reasonably required to determine it.

Who actually pays

The default under the Act is that the claimant and respondent are each liable for an equal share of the adjudicator's fees, unless the adjudicator determines otherwise. An adjudicator does have discretion to apportion fees differently — for example reflecting the relative success of each party's position — but that's the exception, not the starting point. The same equal-share default, and the same discretion to depart from it, also applies to fees charged separately by the authorised nominating authority. Claimant and respondent are jointly and severally liable for these fees: if one side doesn't pay their share, the other can be pursued for the full amount. Where a claimant ends up covering the respondent's unpaid share, that amount can be included in the adjudication certificate, effectively added to the judgment debt.

How this compares to the cost of litigation

Even where fees run into several thousand dollars for a complex matter, this is typically a fraction of the cost of running an equivalent dispute through the courts, which is one of the central reasons the adjudication scheme exists.

Budgeting for adjudication fees

Because you start out equally liable for the fees regardless of outcome, it's sensible to budget for your share — and potentially the other side's, if they don't pay — rather than assuming a stronger position will automatically mean paying less.

How this applies across NSW

Sydney metro

On higher-value disputes around Sydney CBD and Macquarie Park, adjudicator fees scale with complexity, so a multi-issue claim can carry meaningfully higher fees than a straightforward one. For our broader construction law services in these areas, see Archer Lawyers' Sydney CBD and Macquarie Park pages.

Regional NSW

For smaller regional disputes around Bowral and Coffs Harbour, fees are typically proportionate to the smaller claim values involved, keeping adjudication accessible even for modest disputes. For our broader construction law services in these areas, see Archer Lawyers' Bowral and Coffs Harbour pages.

Frequently asked questions

Is adjudication cheaper than going to court?

Generally yes, often significantly so, given the compressed timeframe and the absence of the extended legal costs typical of litigation.

Do I pay the adjudicator directly?

Payment is generally coordinated through the authorised nominating authority, with the final apportionment set out in the determination.

What if I win most of my claim but not all of it?

Fees are split equally by default, but the adjudicator has discretion to apportion them differently to reflect the outcome — so a stronger result can mean paying less than half.

Are there other costs beyond the adjudicator's fee?

Possibly, including your own legal or professional costs in preparing the application or response, which are treated separately from the adjudicator's fee itself.

Can the fee apportionment be challenged?

Challenging an adjudicator's determination, including fee apportionment, is narrow and fact-specific. Get advice before assuming a challenge is available.

If you'd like a realistic view of what adjudication will cost in your situation, contact our team for a free assessment.