Cost of Contractual Adjudication
- proportionate and cost-effective
- fixed fee claim option for low-value and low-complexity disputes
- BDT Registry staff undertake all administrative and support work, ensuring the adjudicator’s time is spent effectively and efficiently
Cost Overview
Fixed Fee Scheme
Giving parties with lower value and low complexity disputes a proportionate and certain option.
General Claims
If your claim is not eligible for the fixed fee scheme, it will be a general claim.
Next steps
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Fixed fee scheme
We understand that the cost of dispute resolution processes or uncertainty about those costs, prevent many people from starting. This is particularly true where the amount in dispute is relatively small.
BDT provides a fixed fee adjudication scheme for lower-value claims of low complexity. This provides you with cost certainty, and aims to ensure that the cost is not disproportionate to the amount in dispute.
Fees and Conditions
The fixed fees for the lower-value claim (LVC) scheme are in the table below. Please read this section, including the conditions, before proceeding. The fixed fee must be paid to BDT in advance before an adjudicator is appointed.
All fees are stated excluding GST.
Value of claim | Fee (plus GST) | Number of Issues | Document limit for claim* | |
|---|---|---|---|---|
LVC5 | < $5,000 | $1,500 | 3 | 15 pages |
LVC10 | $5,000 < $10,000 | $2,500 | 3 | 15 pages |
LVC20 | $10,000 < $20,000 | $3,750 | 3 | 20 pages |
LVC30 | $20,000 < $30,000 | $5,000 | 3 | 30 pages |
LVC40 | $30,000 < $40,000 | $6,250 | 3 | 40 pages |
LVC50 | $40,000 < $50,000 | $7,500 | 3 | 50 pages |
LVC60 | $50,000 < $60,000 | $8,750 | 3 | 60 pages |
LVC80 | $60,000 < $80,000 | $10,000 | 3 | 80 pages |
LVC100 | $80,000 < $100,000 | $12,000 | 3 | 100 pages |
LVC150 | $100,000 < $150,000 | $15,000 | 3 | 150 pages |
LVC200 | $150,000 < $200,000 | $17,250 | 3 | 200 pages |
LVC250 | $200,000 < $250,000 | $19,750 | 3 | 250 pages |
Conference, visit or inspection – if this is required an additional fee will be payable (plus any mileage or travel expenses). | $750 | |||
Early withdrawal – if the claim is withdrawn prior to a determination being issued, the administrative fee will be payable plus a fee calculated on the based time engaged by the adjudicator at their usual hourly rate. If the adjudication fee is less than the amount paid as security, BDT will refund the balance at the end of the process. If the adjudication fee is more than the security amount paid, BDT will require the balance of the fee to be paid before the determination is issued to the parties. | $750 | |||
*Conditions: The documents the Claimant may file in support of the Claim are limited to:
- The Notice of Adjudication,
- The Claim
- Any contract or any other underlying legal document (eg a trust deed), and
- Evidence or other documents not exceeding to the number of pages as set out above.
Note: If these limits are exceeded, or the claim or response presents undue complexity, or the claim is consolidated with one or more other claims, BDT may, at its sole discretion, require the adjudication to proceed as a General Claim. In that case, the fixed fee paid will be treated as a security deposit. The cost of the adjudication will be determined by the adjudicator’s time and expenses as set out below.
General Claims
Claims involving amounts in dispute of $250,000 or greater (including GST), claims for declaratory relief, and claims under $250,000 that do not meet the criteria for fixed fee claims will proceed as General Claims.
The adjudication fee will be calculated based on the time engaged by the adjudicator at their usual hourly rate.
To proceed, the parties will be asked to pay a sum by way of security. This is a nominal amount calculated in proportion to the value of the dispute and is not an estimate of the cost of the adjudication.
Value of Claim | Security Required (incl GST) |
|---|---|
< $25,000 | $6,000 |
$25,000 < $50,000 | $8,000 |
$50,000 < $100,000 | $10,000 |
$100,000 < $500,000 | $15,000 |
$500,000 ≤ $1,000,000 | $17,500 |
≥ $1million | $20,000 |
rights and obligations only (declaratory relief) | $10,000 |
Early withdrawal – if the claim is withdrawn prior to a determination being issued, the administrative fee will be payable plus a fee calculated on the basis of the time engaged by the adjudicator at their usual hourly rate. If the adjudication fee is less than the amount paid as security, BDT will refund the balance at the end of the process. If the adjudication fee is more than the security amount paid, BDT will require the balance of the fee to be paid before the determination is issued to the parties. | $750 |
Next steps
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