Contractors and subcontractors may seek to rely on the security of payment regimes to get paid quickly to alleviate cash flow issues throughout the holiday period.

To help protect you during this busy security of payment period, we have:

1. set out the “business days” for each jurisdiction over the upcoming holiday period below; and
2. provided some tips for those operating in Victoria.

Victoria currently does not have a “blackout period” over the holiday period. However, the Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Bill 2025 (Bill), which amongst other significant changes to the Victorian security of payment legislation (read here), introduces a “blackout period” and has now passed through the Victorian Parliament, awaiting Royal Assent.

The amendments to the Victorian security of payment legislation commence on a date to be proclaimed, and if any remaining provisions of the Bill have not commenced before 1 September 2026, then they come into operation on that day.

Business days over the holiday period

The timelines in the security of payment legislation are based on “business days” as defined in the respective Acts.

Each jurisdiction has defined “business days” differently. Therefore, it is important to check what constitutes a “business day” particularly when you are:

1. responding to a payment claim;
2. submitting an adjudication application; and/or
3. submitting an adjudication response.

If you don’t check what the relevant “business days” are for the State or Territory that you are operating in, you may run the risk of being time barred.

For ease of reference, we have set out the “business days” for:

1. Victoria (VIC), here.
   Victoria is the only jurisdiction that does not have a blackout period over the holiday period. Therefore, you may still make and/or receive adjudication applications during the holiday period.
   As noted above, next year a “blackout period” will apply from 22 December 2026 to 10 January 2027.
2. Australian Capital Territory (ACT), here.
   The blackout period includes 27, 28, 29, 30 and 31 December 2025.
3. New South Wales (NSW), here.
   The blackout period includes 27, 28, 29, 30 and 31 December 2025.
4. Northern Territory (NT), here.
   The blackout period commences on 25 December 2025 and ends on 7 January 2026.
5. Queensland (QLD), here.
   The blackout period includes 22 to 24 December 2025, 27 to 31 December 2025, and 2 to 10 January 2026.
6. South Australia (SA), here.
   The blackout period includes 27, 28, 29, 30 and 31 December 2025.
7. Tasmania (TAS), here.
   The blackout period includes 27, 28, 29, 30 and 31 December 2025.
8. Western Australia (WA), here.
   The blackout period commences on 22 December 2025 and ends on 10 January 2026.

Practical tips to consider in Victoria

Some warnings to remember:

• Be careful and confirm that the deadline for submitting payment schedules in the contract is not earlier than you think.

For example, the Building and Construction Industry Security of Payment Act (Vic) 2002 (SOP Act) requires a payment schedule within the earlier of 10 business days of the payment claim or as set out in the contract. If your contract requires a response based on calendar days or has a different definition of “business day”, the deadline may be earlier than you think.

For example, 14 calendar days can be significantly earlier than 10 business days – especially over the holiday period.

• A payment claim can only be served on or after the “reference date”. This is the date for submitting payment claims under the contract (or every 20 business days if the contract is silent). If a Claimant serves a payment claim before the reference date, then it will be invalid and cannot be relied upon.

For example, a payment claim submitted on Friday 19 December 2025 before the Claimant’s office closes will be invalid if the contract requires payment claims to be submitted on or after the 25th day of each month.

• Many contracts state that a deadline that falls on a non-business day may be extended until the following business day. If it is served prior to that later date, then it would be invalid.

For example, a payment claim that would otherwise be due on 25 December 2025 may not have a “reference date” until 29 December 2025.

HWLE Lawyers has expertise in advising on the above-mentioned matters. Please contact Leighton Moon, Paul Graham, Tara Nelson or Fin Neaves in our Construction and Infrastructure team to discuss any issues relating to security of payment.

This article was written by Paul Graham, Partner, Leighton Moon, Partner, Tara Nelson, Special Counsel, and Fin Neaves, Senior Associate.