Terms & Conditions

1.1.     The fee is calculated as a fixed percentage of the total amount of the claim.

1.2.     The fixed fees include:

• The fee for the Administration of the Dispute Management Services (DMS).
• The fees and expenses of the nominated Dispute Resolver/s
• Disbursements up to the value of $500.00 excluding GST fee.
• But excludes Goods and Services Tax (GST).

1.3.     A fixed fee application must be accompanied by a deposit of 20% of the total fixed fee specified in the table above. If payment is not included with the DMS application, the application will be deemed to be made under the non-fixed DMS rates.

1.4.     The payment of fixed fee adjudication is non-refundable.

1.5.     In the event of withdrawal of a DRS application, the outstanding fees will be calculated on the basis of work already completed by the adjudicator at the nominated adjudicator’s hourly rate, plus a $250.00 (plus GST) Administrative withdrawal fee. The Applicant will be refunded the difference.

1.6.    If subsequent to the lodgement of the application, DRA determines that the Payment Claim is of a higher (or lower) amount than advised, the appropriate fee specified in the table below will be applied.

1.7    DRA reserves the right, at its sole discretion to decide whether an application qualifies as a fixed-fee application. This decision will be based upon complexity of issues, numbers of matters in dispute and the extent of documentation submitted.

• If DRA decide that an application which has been lodged under the fixed-fee DRS does not qualify for fixed-fee adjudication, DRA will inform the Applicant of this in writing.
• In this situation, the Applicant may choose to withdrawn the application by notice in writing to DRA. Alternatively, the Applicant may elect to have the DMS continue under the normal non-fixed fee rates.

2.1.     The fee is calculated on an hourly rate, as follows (excluding GST):

2.2.     No application fee is required with the Non-Fixed Fee DMS regime.

2.3.     Upon completion of the DMS, DRA will provide the parties with a tax invoice indicating:

• the hours spent in resolution of the application
• the relevant hours charged by each Resolver
• the Administration charges
• the disbursement costs regarding the application
• the GST amount charged.

2.4.    Disbursements, such as postage, copying, faxing, courier, and other miscellaneous costs are charged at cost plus any applicable GST component.

2.5.    Each party will be individually and severally liable for the total amount of the Dispute Management Services fees on invoice. Although the parties may agree to share those costs, as between themselves, in equal shares or on some other basis as agreed.

2.6.   Withdrawal of application.

In the event of withdrawal of an DMS application, the outstanding fees will be calculated on the basis of work already completed by the Dispute Resolvers at the nominated hourly rates, plus a $250.00 (plus GST) DRA administrative withdrawal fee.