The short answer
Security of Payment laws let contractors and subcontractors send a payment claim, force the other side to respond with a payment schedule and go to adjudication if they are not paid. Timeframes are short and differ by state, so act fast and get advice for a real dispute.
General information summarised from government pages, not legal advice. The Queensland guide is dated 2022 and Victoria's time limits have been under review. Check the current state page before you rely on a date.
Confidence: likely. These facts come from official pages that we found by search and did not read in full. Check the linked source before you rely on a figure.
NSW
- You can claim for work from the last 12 months, once per reference date. If the contract sets none, the reference date is the last day of the month.
- If the other side disputes the claim, they have 10 business days to give a payment schedule.
- If you disagree with the schedule, you can apply for adjudication within 10 business days. If you are simply not paid, you can apply within 20 business days of the due date.
Victoria
- Claims can be served from the last day of the month the work started, then each later month.
- The recipient must pay in full or provide a payment schedule within 10 business days.
- The time limit for serving a claim has been under review, so check the Building and Plumbing Commission page for your project dates.
Queensland
- The reference date is the last day of each calendar month by default.
- Claims must be given within six months of the work being completed.
- Payment is due on the contract date, or 10 business days after the claim if none is set.
- Before suing for unpaid money, you must serve a warning notice and wait five business days.
What to do now
Keep every quote, variation and invoice. Send claims in the right form and on time. If money is large, talk to an adjudication authority or a construction lawyer.
Common questions
How long do I have to make a payment claim?
It depends on the state and your contract. In NSW you can claim for work from the last 12 months, and in Queensland within six months of completion.
Sources
- NSW Government: making a payment claim, checked 11 November 2026
- Building and Plumbing Commission: Security of Payment, checked 11 November 2026
- QBCC: industry guide to Security of Payment laws, checked 11 November 2026