This page offers some suggested wording. It does not constitute legal advice, and you should consult your own construction specialist lawyers to find out what wording is most appropriate for your own business.

South Australian Invoices

At the time of preparing this page, we do not know when the South Australian legislation will take effect, nor what its eventual form will be. But if you are printing a new batch of stationery for your invoices, it might make sense to include something along these lines:

This is a payment claim under the Building and Construction Industry Security of Payment Act 2009 (SA) or the Construction Contracts (Security of Payments) Act 2004 (Northern Territory) or the Building and Construction Industry Security of Payment Act 1999 (NSW) or the Building and Construction Industry Security of Payment Act 2002 (Victoria) or the Building and Construction Industry Payments Act 2004 (Queensland) or the Construction Contracts Act 2004 (WA), according to the jurisdiction applicable to these works

This general purpose wording should be enough to elevate your invoices to the status of payment claim regardless of which state you are working in, provided that you have also included the other details (details of the work done etc) that are required by the legislation.

Note that the above refers to the SA legislation, the ACT legislation and the Tasmanian legislation which are not yet in force. The SA and Tasmanian legislation will come into force after they receive royal assent. The ACT legislation comes into force on 1 July 2010.

Contractual Adjudication Scheme

It is possible for parties to contract into an adjudication scheme, if they want to obtain the benefits of adjudication before the legislation reaches their jurisdiction, or if they conclude that their local legislation is unsutable.

The suggested wording for incorporating the contractual scheme is:

“Any dispute arising under this agreement shall in the first instance be referred to adjudication in accordance with the Contractual Adjudication Group Scheme Version 1.0”