We provide expert advice on all home building disputes under the Home Building Contracts Act 1991 (WA) and offer representation before the Building Commission, as well as the State Administrative Tribunal.

If you are involved in a home building dispute, please contact us for a free initial telephone consultation.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Commercial arbitration is a dispute resolution process whereby parties to a contract have agreed that an independent individual, acting as a private judge, finally determines the parties’ dispute and that determination is to be binding upon and enforceable by the parties.

For over 25 years we have protected the reputational and financial interests of our clients, mainly construction companies by ensuring their legal disputes are decided by private arbitrators. We have conducted hundreds of successful arbitrations in that time.

Our clients’ commercial disputes must be resolved quickly and confidentially. We achieve these goals by using, sometimes insisting on, the arbitration process instead of the courts and tribunals procedures.

Previous successful published cases in which Will Vogt’s clients have forced the parties to their dispute into the confidential environment of the arbitration process are found here:

• Shakur v Aintree Holdings Pty Ltd T/A Beaumonde Homes [2015] WASAT '12;
• Henderson v Aintree Holdings Pty Ltd [2021] WASAT 113.

Some of the benefits of the arbitration process that are not afforded by the courts and tribunal procedures are:

1. The entire arbitration process is conducted in private and the decision or ‘award’ is confidential;
   The arbitrator’s decision or ‘award' is enforceable in the same way that a decision of a court or tribunal is enforceable;
2. The arbitration process is less formal than the court and tribunal procedures resulting in a faster and cost-effective outcome;
3. The arbitrator is a specialist in the area of law or field of industry (such as building and construction);
4. The parties may agree on who the arbitrator will be;
5. There are usually no limits as to the nature and extent of the claims a party may make, whereas, typically, tribunals have limitations on the nature and extent of the claims brought to the tribunal;
6. The parties may agree on the procedural steps to be followed in preparation for the final hearing of the dispute;
7. The arbitration decision or ‘award’ is final and there is a very limited appeal avenue;
8. The successful party in the arbitration is usually entitled to recover legal costs from the unsuccessful party.

Whether a matter is capable of referral to an arbitrator is determined by the scope of the arbitration agreement in the relevant contract.

The process of arbitration is generally governed by relevant legislation in each state, including:

• Commercial Arbitration Act 2012 (WA);
• Commercial Arbitration Act 2013 (QLD);
• Commercial Arbitration Act 2010 (NSW);
• Commercial Arbitration (National Uniform Legislation) Act 2011 (NT).

Most of the standard residential building contracts in Western Australia have the effect that:

1. the Parties are at liberty to commence proceedings in a Court or Tribunal in relation to the facts which give rise to their dispute; however,
2. in the event that one party commences proceedings against another party in relation to an agreement which contains an arbitration agreement, the other party is at liberty to apply to the Court or Tribunal to refer the matter to an arbitrator up until the other party files its first case statement in those proceedings.

Vogt Legal has vast experience providing legal advice and services in relation to commercial arbitrations, including:

• Advising about the terms of arbitration clauses in contracts;
  Advising in the nomination of an appropriate arbitrator under the terms of the relevant arbitration clause;
• Advising about the necessary expert witnesses (e.g building inspector, engineer, quantity surveyor, architect) to quickly secure to provide expert evidence at the arbitration hearing;
• Representing clients in the arbitration process and final hearing;
• Enforcing a decision or award made by an arbitrator;
• Advising on any appeal of an award made by an arbitrator.

Contact Vogt Legal when you think arbitration may be the dispute resolution process that you require to protect your financial and reputational interests.

The above information is general in nature and should not be relied upon as legal advice. You must obtain legal advice specific to your circumstances.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Do you have any policies for your employees? Or do you have old policies ‘collecting dust’? Vogt Legal can assist.

Proactive employers should maintain up to date workplace policies including as to:

• work health and safety;
• overtime;
• motor vehicle use;
• equal employment opportunity;
• grievance procedure; and,
• sexual harassment.

At Vogt Legal, our experienced employment law team can review, advise, and amend workplace policies to ensure that they comply with current legal requirements.  Workplace policies which are comprehensive, proficient, and maintained up to date:

• reduce the scope for disputes at work;
• ensure that an employer is not held vicarious liable for the unlawful actions of an employee; and,
• protect an employer from investigations and prosecutions commenced by regulators such as the Fair Work Ombudsman.

Employment law

Contact Matthew Humphry today for a free initial telephone consultation.

For further information, read some of our articles.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Are you a Contractor? Do you pay flat ‘above Award’ rates to your employees? Vogt Legal can assist.

If you’re unsure which Modern Award applies to your employees, and unsure of the applicable Award entitlements payable to your employees, you’ll need legal advice.

At Vogt Legal, our experienced employment law team can advise you on Award coverage and compliance.

In our experience, many Contractor employers both pay ‘above Award’ rates and overlook their Award obligations, which exposes them to costly underpayment claims and fines.

Before and after a dispute arises, we can assist employers and particularly Contractor employers to:

• identify the source of their Award obligations;
• assess whether they comply with their Award obligations;
• advise on the purpose and utility of an Individual Flexibility Agreement (IFA);
• draft IFA’s tailored to the particular circumstances; and,
• recommend proportionate and practical measures to remediate Award breaches.

Employment law

Contact Matthew Humphry today for a free initial telephone consultation.

For further information, read some of our articles.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Do you believe that you’ve been unfairly dismissed? Vogt Legal can help with your claim.

If you’re considering making an unfair dismissal-related claim, you’ll need legal advice as to:

• the system of employment laws which applies to your matter;
• the source of any employment rights and obligations, imposed by legislation, Modern Awards, Enterprise Agreements, employment contracts, workplace policies, or lawful employer directions;
• the substantive merits of your claim;
• the best claim to bring;
• any jurisdictional bars to making a claim, such as the high income threshold;
• the process and forum for making a claim;
• the limitation period;
• the type and likely quantum of damages recoverable;
• the duty to mitigate loss; and,
• the commerciality and likely costs consequences of a claim.

At Vogt Legal, our experienced employment law team can promptly and efficiently provide you with advice and representation from the early stages of your matter up to and including a Final Hearing before the Fair Work Commission.

We can also advise and represent employers in defending against unfair dismissal-related claims, whether their objection to a claim be:

• a matter of “principle”;
• driven by commercial realities and a desire to settle a claim; or,
• somewhere in between the above positions.

Employment law

Contact Matthew Humphry today for a free initial telephone consultation.

For further information, read some of our articles.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Vogt Legal operates in Western Australia and is frequently asked by interstate and intrastate law practices to act as town agent in all major jurisdictions in Western Australia:

• Magistrates Court of Western Australia;
• District Court of Western Australia;
• Supreme Court of Western Australia; and,
• State Administrative Tribunal.

As town agents we are ready, willing and able to provide the following services:

• Appearing in the above listed jurisdictions;
• Providing competent advice in relation to practice and procedural matters in Western Australia;
• Providing succinct but detailed reports as to the outcome of any appointments or hearings; and,
• Carrying out electronic filing of Court or Tribunal documents.

We are happy to discuss fixed-fee pricing for our services.

If you need a town agent to act in Western Australia or would like to find out more about the town agent services we provide, please call us on (08) 9328 5662 or contact us.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Adverse possession is a complex area of law that allows an individual to gain ownership of land that they do not legally own, under specific conditions. This principle, often referred to as "squatter’s rights,", is governed by strict requirements, including a continuous period of possession and the intention to possess the land to the exclusion of others. In Western Australia, this period is typically 12 years. After this period, an individual who satisfies the legal criteria can make a claim for ownership of the land by applying to the Registrar of Titles.

What is Adverse Possession?

Adverse possession arises when someone occupies land without the consent of the rightful owner, in a manner that is open, exclusive, continuous, and adverse to the rights of the true owner. Over time, the person occupying the land may acquire legal ownership if they meet the statutory requirements.

In Western Australia, for a claim of adverse possession to succeed, the following five elements must be proven:

1. Actual Possession: The individual must have physical control over the land, using it in a way that a rightful owner would.
2. Exclusive Possession: The land must be used exclusively by the possessor, not shared with the legal owner or the public.
3. Continuous Possession: The possession must be uninterrupted for a period of at least 12 years.
4. Adverse to the Owner’s Interests: The use of the land must be contrary to the interests of the true owner. It’s important to note that this does not require hostility or malice, but rather a lack of consent.
5. Intention to Possess: The individual must intend to possess the land as if they were the owner, and their actions should reflect that intention (e.g., living on the land, farming it, improving it, or erecting permanent structures).

How Does Adverse Possession Work in Western Australia?

If a person occupies land for a period of 12 years, meets the conditions outlined above, and the possession is adverse to the rightful owner, they may apply for ownership of the land.

There are two main avenues for applying for adverse possession:

1. Application to Landgate: If the legal requirements are met, the individual may submit an application to the Registrar of Titles at Landgate. This process is generally more efficient and cost-effective than court proceedings. The application involves submitting relevant documents such as a statutory declaration from the adverse possessor, declarations from disinterested persons, and supporting evidence like survey reports. Where there is unlikely to be any objection to the application, this avenue is generally preferred.
2. Court Proceedings: In some cases, particularly when an application to Landgate is objected to, a claim for adverse possession may need to be pursued in the Supreme Court of Western Australia. If successful, the Court will issue a legal declaration of ownership, which can then be registered with Landgate.

When Can Adverse Possession Claims Arise?

Adverse possession often occurs in situations where boundaries are unclear or ignored. Common examples include:

• Disputes over boundary lines where a fence is built incorrectly, and one neighbour uses land that technically belongs to the other.
• Cases where an individual uses a portion of their neighbour’s property as a driveway, garden, or pasture without objection from the property owner.
• Occupying abandoned or unused land for an extended period.

Potential Obstacles and Defences

The true owner of the land may dispute the adverse possession claim by raising defences such as:

• Lack of Continuous Possession: If the person claiming adverse possession failed to occupy the land without interruption for the entire 12-year period, the claim will likely fail.
• Lack of Intent to Possess: If the occupier’s actions don’t demonstrate clear intent to possess the land to the exclusion of others, this could negate their claim.

Why You Need Expert Legal Advice

Adverse possession is a highly technical area of law with strict requirements. If you are considering making a claim for adverse possession, or if you are trying to oppose one, it’s essential to seek professional legal advice. An experienced property lawyer can assess your case, help you gather the necessary evidence, and guide you through the legal process, whether through Landgate or the courts.

Contact Our Experienced Team Today

If you believe you have a valid claim for adverse possession or need to oppose one, contact our experienced team today. We have extensive experience in handling adverse possession claims and can help you navigate the complexities of this area of law.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Caveats are a crucial legal tool for protecting interests in land. However, when disputes arise regarding their validity or enforcement, the consequences can be significant. Our experienced legal team can provide expert advice and assistance to navigate the complexities of caveat disputes in Western Australia.

What is a Caveat?

A caveat is a legal notice registered on the title of land, indicating that someone claims an interest in the property. Its purpose is to prevent the property owner from transferring or encumbering the property without notifying the caveat holder. The caveat serves as a “warning” to anyone who conducts a title search, alerting them to the existence of a caveat.

However, a caveat does not in and of itself create an interest in the property; it merely notifies others of the caveator’s interest.

Why Are Caveat Disputes Common?

Caveat disputes often occur when:

• A party lodges a caveat without a valid, caveatable interest in the property.
• A caveat is challenged by a property owner who wants it removed or extended.
• A caveat prevents a property transaction, such as a sale or mortgage, from proceeding.

Given the potential consequences, such as financial loss to the property owner or liability for improper lodging, caveat disputes can become urgent. Legal advice should be sought promptly to protect your interests.

Our Caveat Dispute Services

We have extensive experience handling caveat disputes, including the preparation, enforcement, and removal of caveats. Our services in this area include:

• Advising on Caveatable Interests: We can help you determine if you have a valid interest capable of supporting a caveat.
• Drafting and Lodging Caveats: Our team can assist in drafting and lodging caveats to protect your legal or equitable interests in property.
• Disputing or Removing Caveats: If you need to challenge a caveat lodged on your property, we can represent you in applications to have it removed. Similarly, we can help you extend the operation of a caveat if you are facing a 21-day notice of lapse.
• Court Proceedings: We are experienced in representing clients in the Supreme Court in applications for the extension of caveats or defending actions to remove caveats. Our team is also adept at negotiating settlements outside of court to resolve caveat disputes more efficiently.

How Caveats Can Affect Property Transactions

Caveats can stop property sales, mortgages, and other dealings from proceeding, causing potential delays or financial losses. If you are involved in a caveat dispute, it is essential to act quickly and seek legal advice to protect your interests and avoid the financial ramifications of a caveat dispute.

Contact Us

If you are involved in a caveat dispute, or you need advice on lodging or removing a caveat, contact our team at Vogt Legal.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Buying a home or commercial property is one of the most significant financial decisions you will ever make. Pre-purchase building and pest inspection reports play a critical role in that decision, giving buyers insight into the true condition of a property. When inspectors fail in their duty to identify or disclose significant defects, the consequences can be devastating.

We provide expert legal advice in relation to claims against building and pest inspectors in Perth and throughout Western Australia. If you have suffered financial loss due to an inadequate or misleading inspection report, we can help you hold the responsible parties accountable and pursue compensation.

When Can You Make a Claim?

Not every mistake or omission by a building inspector will amount to a claim. However, if an inspector has failed to carry out their duties with reasonable care, skill and diligence, causing you to suffer loss as a result, you may have a valid claim in:

• Negligence
• Breach of Contract

Common Examples of Inspector Negligence Include:

• Failing to detect major structural or pest-related defects
• Downplaying or misclassifying serious issues
• Not recommending specialist inspections when necessary
• Performing inspections that do not meet Australian Standard 4349
• Ignoring potential conflicts of interest
• Issuing vague or incomplete reports

What You Need to Prove

Generally, to succeed in a claim for negligence, you need to establish the following four elements:

1. Duty of Care – The inspector owed you a legal duty to carry out the inspection competently.
2. Breach of Duty – The inspector failed to meet the standard expected of a competent professional.
3. Causation – You relied on the report and suffered loss as a direct result of the inspector’s negligence.
4. Loss or Damage – This may include rectification costs, diminished property value, or the loss of opportunity to renegotiate or withdraw from the sale.

The Role of Australian Standards

The Australian Standard 4349 sets out the benchmark for how inspections should be conducted. It requires inspectors to:

• Perform a thorough visual assessment of accessible areas
• Identify major defects and safety hazards
• Report on the general condition of the property
• Disclose limitations and recommend further inspections when necessary

While compliance with this standard is not mandatory in all circumstances, inspectors often claim compliance with it in advertising or include compliance as a term in their agreements. When they fall short of this standard, that can support a claim of negligence or breach of contract.

Legal Remedies Available

If you’ve purchased a property in reliance on a substandard inspection report, you may be entitled to compensation for:

• The cost of repairing defects
• The diminished value of the property
• The loss of opportunity to withdraw from the purchase or negotiate a lower price
• Legal costs associated with resolving the issue

Depending on the facts, claims may be brought against the individual inspector, the inspection company, or both.

Don’t Delay – Time Limits Apply

Claims for negligence or breach of contract are generally subject to a six-year limitation period from the date the cause of action accrued. If you miss this deadline, you could lose your right to compensation.

Why Choose Us?

Vogt Legal has extensive experience in resolving claims against negligent building and pest inspectors. We understand how frustrating and costly these situations can be and we are here to make the legal process as straightforward and stress-free as possible by:

• Offering expert legal advice regarding claims against building and pest inspectors.
• Engaging high-quality and trustworthy experts to provide reliable evidence in support of your claim.
• Providing strong advocacy in a range of jurisdictions, based on your needs, including the Magistrates Court, District Court or the Supreme Court.
• Negotiating with the opposing party to resolve your matter quickly, with the aim of reaching a settlement before initiating any formal legal proceedings.

If you’ve discovered building defects or pest damage that should have been picked up in your inspection report, please contact us for a free initial phone consultation.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Disagreements between neighbours over dividing fences are a common source for civil disputes in Western Australia. Whether it's about the cost, location, type of fence, or responsibility for repairs, these conflicts can escalate quickly and cause lasting tension.

We regularly assist clients in navigating the legal complexities of dividing fence disputes under the Dividing Fences Act 1961 (WA). We provide clear legal advice, represent clients in negotiations and court proceedings, and help ensure disputes are resolved as efficiently and amicably as possible.

What Is a Dividing Fence Dispute?

A dividing fence is a fence that separates the lands of different owners. Disputes typically arise when neighbours disagree on:

• The need to build or repair a fence
• The type or height of the fence
• The location of the fence relative to the boundary
• The cost and who should pay
• Damage caused to the fence, for example by overhanging branches or tree roots

Your Legal Rights & Obligations

Before proceeding with any fencing work, the law requires that a formal notice be served on the adjoining landowner, outlining:

• The proposed boundary or line for the fence
• The type and construction details of the fence
• Cost-sharing arrangements

If the other party does not respond or disputes the proposal within the time allowed (usually 21 days), either party may apply to the Magistrates Court of Western Australia for a determination.

Common Fence Dispute Scenarios We Handle

• Fence construction disagreements (height, style, material)
• Refusal to contribute to fence repairs or replacement
• Encroachments or incorrectly positioned fences
• Damage from trees or branches affecting fencing or property
• Enforcement of existing fencing agreements
• Court applications under the Dividing Fences Act 1961 (WA)

Alternative Dispute Resolution

Whenever possible, we encourage resolving disputes through negotiation. We can assist in drafting legally binding agreements that clearly outline each party’s obligations, minimising the risk of future disputes.

When Court Involvement Is Necessary

If informal negotiations fail, we are equipped to represent your interests in the Magistrates Court of Western Australia. The Court has the authority to:

• Determine whether a fence is necessary
• Decide the fence's location, design, and cost split
• Order compensation for land loss or non-compliance
• Enforce agreements and cost recovery

Contact us

If you are involved in a dispute regarding a dividing fence or just want to gain an understanding of your rights and entitlements, contact Ben Sasson today for a free initial consultation.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.