Building Industry Fairness (Security of Payment) Act 2017

This section applies if—

the claimant for an adjudication application is a head contractor; and

an adjudicator decides the respondent for the adjudication application is required to pay an adjudicated amount; and

the respondent does not pay the adjudicated amount as required under section 90; and

the claimant files the adjudication certificate as a judgment for a debt under section 93; and

the respondent, or a related entity for the respondent, is the registered owner of the relevant property.

The claimant may request a charge over the relevant property, by way of a security interest providing security to the claimant for payment of the adjudicated amount, be registered by lodging all of the following documents with the registrar of titles—

a request to register the charge over the lot made in the appropriate form;

the adjudication certificate;

a statutory declaration, made by or on behalf of the claimant, stating—

the lot on plan description of the relevant property; and

that the adjudicated amount has not been paid to the claimant; and

if the registered owner is a related entity for the respondent—that the registered owner is a related entity for the respondent.

The registrar of titles may rely on the information provided by the claimant under subsection (3) to register the charge.

In this section—