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    NT Security of Payment: The Construction Contracts Act Model

    3 min read·Reviewed June 2026
    By Scott JonesFirst published 7 June 2026Updated 10 June 2026
    Getting Paid
    Australia-wide

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    The Northern Territory is the odd one out. It runs the Construction Contracts (Security of Payments) Act 2004 (NT) — the old Western-Australian-style "payment dispute" model, not the East-Coast payment-schedule system used in NSW, VIC, QLD, SA, TAS and ACT. If you assume it works like the eastern states, you will run the wrong process.‍‌​​‌‌‌​‌​​​‌‌‌‌​‌​​‌​​​​‌‌​​‌‌​‍

    New to how this works? Start with Security of Payment explained.

    How the NT model is different

    • It implies payment and dispute terms into your contract only where the contract is silent, rather than triggering off a payment claim and schedule.
    • There is no NSW-style "serve a claim, get a schedule, or win by default" mechanism. Instead, when a payment dispute arises, a party applies to have it adjudicated.
    • It applies to construction contracts entered into in the NT after 1 July 2005.

    Adjudication

    • When a payment dispute arises, you prepare a written application and serve it on the other party and a registered adjudicator or prescribed appointer.
    • You must apply within 65 working days after the payment dispute arises (or within 20 working days after a previous application was dismissed). The appointer then has 5 working days to appoint an adjudicator (Construction Contracts (Security of Payments) Act 2004 (NT), ss 28 and 33). Older sources still quote "90 days" — that figure pre-dates the 2019 amendments; 65 working days is the current window.
    • A determination binds the parties even if other proceedings are already on foot.

    Common mistakes

    • Treating the NT like NSW — there is no payment-schedule "default win" here.
    • Assuming a contract term overrides the Act — the implied terms apply where the contract is silent.
    • Letting the dispute-based application window lapse.

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