Victoria's Security of Payment Act (2002) now works much like NSW — but with its own timing quirks, and (despite plenty of reform talk) still no universal retention trust regime. Here is how a VIC claim, schedule and adjudication actually run. For the universal basics, start with Security of Payment Explained.
The payment claim
- A compliant progress claim, clearly identified as made under the Act.
- Outer limit: serve no later than 6 months after practical completion (or completion of supply), up from the old 3-month cap, unless the contract allows later.
- Reference dates are driven by the contract — default monthly if it is silent.
The schedule and due dates
- Any contract clause pushing payment beyond 20 business days after the claim is ineffective.
- If the contract is silent on the due date, the default is 10 business days after the earliest a claim can be served.
- The schedule must identify the claim, state the scheduled amount, and give reasons for any shortfall.
Adjudication — via ANAs
Like NSW, VIC runs adjudication through Authorised Nominating Authorities:
- Schedule less than claimed → apply within 10 business days of the schedule.
- No schedule and unpaid → give notice of intention within 10 business days of the due date, allowing the respondent 2 further business days to issue a schedule; if none comes, apply within 5 business days of that window closing.
- The adjudicator determines within about 10 business days.
Retention — no trust regime (yet)
Unlike NSW (head contracts $20M+) and QLD (project trusts), Victoria has no universal retention money trust regime — retention is governed by your contract and general trust law. Reforms to mirror NSW have been floated, but treat them as proposed, not law, and confirm before relying on them. In practice, VIC's SOP law lets you claim retention as part of a payment claim once it is due, which gives subbies real leverage without a dedicated trust statute. See Retention & Trust Release.
Common mistakes
- Missing the 6-month-after-PC claim cap.
- Assuming a VIC retention trust exists — it does not (proposed only).
- Relying on a contract clause that pushes payment past 20 business days — it is ineffective.
Know someone who needs this?
Was this guide useful?
Didn't find what you were looking for?
Spotted something wrong or out of date? Email us at hello@kilnguides.co.uk.
In crisis? Lifeline 13 11 14 ·