There is the Building and Construction Industry Security of Payment Act ("Security of Payment Act") that was accepted in 1999. It applies to all building and construction work in New South Wales except any residential building work carried to which the Home Building Act 1989 applies.
The government wanted to make it simpler for contractors or subcontractors to get progress payment for any building and construction work done. But there is no written agreement. However, this was the main goal of the government.
A statutory debt was created under the Security of Payment Act. It was done without the rigmarole of going through the court system first to get judgment. Then this debt is enforceable through the court system just like any other judgment/order of the court.
Payment Claim
 There are demands to a payment. Pay attention to them:
1. It must identify the construction work.
2. It must indicate the amount of the progress payment.
3. It must state that it is made under the Security of Payment Act.
4. It has to be served within either the period determined by the contract or 12 months after the construction work was last carried out.
5. It cannot be in respect of the same reference date.
6. It can include an amount not paid under a previous claim.
Payment Schedule
What about a payment schedule, it has to include the next:
1. It must be served within the time required by the contract or within 10 business days after the payment claim is served.
2. It must identify the payment claim.
3. It must indicate the amount (if any) to be paid.
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