We are experienced in resolving leasing disputes for both lessors and lessees across Western Australia, and our team provides effective and practical legal solutions for all types of leasing matters.

Leases are legally binding contracts, and both lessors and lessees must fully understand their rights and obligations. Leasing disputes can arise in a variety of circumstances, from unpaid rent to violations of lease terms or conditions. Our team is equipped to help you navigate complex disputes efficiently, ensuring your interests are protected.

Our Services Include:

• Commercial and Residential Leasing Disputes
  We represent both lessors and lessees in disputes concerning commercial and residential leases. Our experience extends to claims for unpaid rent, breaches of lease terms, and tenancy rights, including under the Commercial Tenancy (Retail Shops) Agreement Act 1985 (WA) and the Residential Tenancies Act 1987 (WA).
• Enforcing Lease Terms
  Our team assists clients in enforcing the terms and conditions of lease agreements, including issuing default notices, evictions, and taking action in the Courts or the State Administrative Tribunal to protect your interests.
• Alternative Dispute Resolution
  Whether you are involved in a dispute over a commercial lease, residential tenancy, or a retail shop lease, we are well-versed in various dispute resolution processes. We assist in resolving issues in a cost-effective manner via negotiation, mediation, or arbitration.
• Litigation Representation
  If lease disputes cannot be resolved amicably, our firm provides robust litigation services. We represent clients in the Magistrates Court, District Court, Supreme Court and State Administrative Tribunal, ensuring your rights are fully protected through every stage of the legal process.

Contact Us Today

If you're facing a leasing dispute or need advice on any aspect of property law in Western Australia, don’t hesitate to reach out. Our team is ready to assist with expert legal guidance and representation.

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.

Vogt Legal offers legal services in a wide range of property law matters. Whether you are involved in a building dispute, need legal advice on a lease or strata law issue, or are dealing with the complexities of caveats and property ownership disputes, our team of experienced lawyers is here to assist you.

Our expert legal team has extensive experience navigating the intricacies of property law, from sale contract disputes to issues involving boundary lines, and leases. We provide tailored legal solutions that ensure your interests are protected and your legal matters are handled efficiently.

In addition to advising on buyer-seller conflicts arising from sale contracts, our areas of expertise include the following:

Strata Law Disputes

Strata living can present unique legal challenges, particularly when disputes arise between owners, strata corporations, property managers, or developers. Whether you are dealing with maintenance issues, common property disputes, or breaches of by-laws, we provide expert advice and representation in a range of areas of strata law.

Building & Pest Inspector Claims

If you have been affected by faulty building or pest inspections, you may have grounds for a negligence or breach of contract claim. We assist clients in pursuing compensation from inspectors whose failure to identify defects or pest damage has led to significant issues, including undetected structural defects, pest infestations, or safety hazards in the property.

Lease Disputes

Whether you are a lessor or a lessee, lease disputes can be complex and time-consuming. We provide expert legal assistance in lease disputes, including issues related to rent, repairs, terminations, and breaches of lease agreements. Our team is skilled in negotiating settlements or representing clients in court to resolve lease-related conflicts in both residential and commercial fields.

Dividing Fence Disputes

Disputes between neighbours over dividing fences are common and can cause unnecessary tension. Our team can provide legal advice on your obligations and rights under the Dividing Fences Act 1961 (WA). We help clients resolve disputes involving fence construction, maintenance, and cost-sharing arrangements in a fair and efficient manner.

Adverse Possession

Adverse possession is a legal principle that allows a person to claim ownership of land under certain circumstances, typically when they have occupied the land for a specified period without the consent of the original owner. If you are dealing with an adverse possession issue, we can provide legal guidance on your rights and options, whether you are trying to claim land or protect your ownership.

Caveats and Caveat Disputes

Caveats are powerful legal tools that allow parties to protect their interests in property. We assist clients in lodging caveats to secure their claims and provide expert advice on the removal of caveats or challenging their validity. Whether you are dealing with caveat disputes or need assistance with property claims, our team is here to help.

Guarantee Advice (Solicitor's Certificate)

Guarantee agreements are often required by lenders in property transactions, and having a solicitor's certificate can ensure the guarantee is enforceable. We offer comprehensive advice on guarantee agreements, including the preparation and certification of documents to satisfy your lender.

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.

Solicitor's Certificate (Guarantee Advice)

When you're asked to guarantee a loan, it's crucial to fully understand the legal and financial implications before you sign any documents. A Solicitor’s Certificate is often required by lenders to confirm that you, as a guarantor, have received independent legal advice regarding the risks associated with your commitment.

What is a Solicitor's Certificate?

A Solicitor’s Certificate is a document issued by a lawyer to confirm that you have received advice regarding your role as a guarantor for a loan. This is essential because guaranteeing someone else's loan means you are agreeing to take on responsibility for their debt if they fail to repay. It ensures that you fully understand the risks, including the possibility of losing your property if the borrower defaults on the loan.

Why Do Lenders Require a Solicitor's Certificate?

Lenders typically require a Solicitor’s Certificate for third-party guarantees to protect themselves from the risk that the guarantor may later claim they did not understand the implications of the documents they signed. It’s a safeguard ensuring that the guarantor is fully aware of their obligations, risks, and legal rights before committing to the guarantee.

Common situations where a Solicitor's Certificate may be required include:

• Parents guaranteeing their child's home loan.
• Spouses guaranteeing loans for their partner’s business or investment property.
• Company directors guaranteeing the loan for a business or trust.

Our Guarantee Advice Service

Our services ensure that you understand the risks and responsibilities before you sign any documents.

Here’s what our service entails:

• Document Review: We’ll review the loan and guarantee documents provided by the lender to ensure we understand the full scope of the agreement.
• Independent Legal Advice: We’ll explain the legal terms of the guarantee, the risks involved, and the implications of default. You’ll have the opportunity to ask questions and fully understand what you’re agreeing to.
• Witnessing Your Signature: Once you’re satisfied with the advice, we’ll witness your signature on the relevant documents, including the Guarantee and Indemnity, Mortgage, and Statutory Declaration.
• Issuing a Solicitor’s Certificate: If the lender requires it, we’ll provide you with the necessary Solicitor’s Certificate to confirm that you have received legal advice.

Contact Us Today

If you’re required to obtain a Solicitor’s Certificate or if you’re considering acting as a guarantor for a loan, contact Vogt Legal today. Our experienced team is here to guide you through the process and ensure that you fully understand your legal obligations before signing anything.

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.

Vogt Legal provides clear, practical, and cost-effective legal advice for all disputes relating to strata titles in Perth. With the growth of strata living across Western Australia, disputes between lot owners, strata companies, and third parties, such as developers and builders, have become increasingly common. Our experienced team is here to help you resolve these issues efficiently.

Understanding Strata Titles in WA

Strata titles in Western Australia are governed by the Strata Titles Act 1985 (WA), alongside relevant provisions in the Property Law Act 1969 (WA). This legal framework allows for the division of land and buildings into individual lots and common property, being areas such as driveways, stairwells, and gardens that are shared by all owners.

Whether it is a residential or commercial property, disputes can arise over the interpretation of by-laws, management of common property, building defects in common property, or the conduct of other lot owners. These issues can be complex, but we make them easy to understand and manage with tailored legal advice.

Our Strata Legal Services

We offer a full range of strata title legal services, including:

• Advice on rights and responsibilities of strata title owners and occupiers.
• Dispute resolution and legal representation for owners, tenants, and strata companies.
• Interpretation and enforcement of strata by-laws.
• Preparation for and representation at the State Administrative Tribunal.

Whether you are an individual owner dealing with a difficult neighbour or a strata company fighting with a builder over defective workmanship, we are here to protect your interests.

Representation at the State Administrative Tribunal

The State Administrative Tribunal (SAT) is responsible for resolving many strata disputes in WA. Common applications to SAT involve:

• Disagreements between lot owners and the strata company.
• Challenges to by-laws or their enforcement.
• Applications for interim or urgent orders.
• Disputes over management or maintenance of common property.

We can assist you in preparing your SAT application and provide you with effective legal representation at hearings. In certain circumstances, SAT decisions can be appealed to the Supreme Court, where we are also experienced in providing representation.

We pride ourselves on delivering professional legal services without the complexity or inflated costs you might pay on the Terrace. At Vogt Legal, you will deal with knowledgeable lawyers who work with you to achieve the best possible outcome.

Need Help with a Strata Dispute?

If you’re involved in a strata dispute or need advice on your rights under a strata title, get in touch with Ben Sasson today.

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.

Wills and Estate Planning (Perth, Western Australia)

At Vogt Legal, we provide clear, comprehensive estate planning services to help you take control of your future. Whether you're preparing a will, appointing someone to manage your affairs, or ensuring personal and medical decisions are in trusted hands, we’ll guide you every step of the way.

Our Services

Wills and Codicils

A properly drafted will ensures your assets are distributed according to your wishes and reduces stress for your loved ones. We prepare:

• Simple and complex wills
• Testamentary trust wills
• Joint and mirror wills

Enduring Power of Attorney (EPA)

Appoint someone you trust to manage your financial and property matters if you lose capacity. Avoid delays, uncertainty, and legal complications.

Enduring Power of Guardianship (EPG)

Nominate a trusted person to make personal, lifestyle, and medical decisions on your behalf in case you become unable to do so yourself.

How much does it cost?

Our price guide is as follows:

• Standard will:
  • Couple: $770;
  • Single: $440.

• Will, enduring power of attorney and enduring power of guardianship package:
  • Couple: $1,210;
  • Single: $770.

• Enduring power of attorney or enduring power of guardianship:
  • Couple: $330 (or $660 for both);
  • Single: $220 (or $440 for both).

• Testamentary trust:
  • Couple: $2,200;
  • Single: $1,650.

• Application for grant of probate:
  • From $1,320 (plus court fees of $408).

• Application for a grant of letters of administration:
  • From $1,650 (plus court fees of $408).

• Administration of estate:
  • Estimate to be provided at initial consultation.

• Challenging a will and other estate-related litigation:
  • Estimate to be provided at initial consultation.

Get Started

Estate planning is essential for peace of mind, at any stage of life. Contact us today to arrange a confidential 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.

What is an Enduring Power of Guardianship?

An Enduring Power of Guardianship (EPG) is a legal document that allows you to appoint one or more trusted individuals, your enduring guardian(s), to make important personal, lifestyle, and medical treatment decisions on your behalf if you become unable to do so yourself.

Your EPG only comes into effect when you lose the capacity to communicate or make reasonable decisions about your health, living arrangements, or personal welfare. It’s a vital part of planning for unforeseen circumstances such as serious illness, injury, or cognitive decline.

At Vogt Legal, we help ensure that your EPG accurately reflects your values and wishes, giving you confidence in the future.

Why Should You Appoint an Enduring Guardian?

• You can choose who will look after your best interests, ensuring your personal beliefs, preferences, and values are respected.
• You decide which powers your enduring guardian will hold, from making lifestyle choices to consenting to medical treatments.
• Avoid the stress and uncertainty of having family members apply to the State Administrative Tribunal (SAT) for guardianship if no EPG is in place.
• You can appoint one or more substitute guardians to act if your primary guardian is unable or unwilling to act.

What Decisions Can Your Enduring Guardian Make?

Your enduring guardian can make decisions related to:

• Where you live and what support services you receive
• Daily personal care and lifestyle choices
• Consent to or refusal of medical treatments (unless you have an Advance Health Directive, which takes precedence over conflicting treatment decisions)

Our experienced team can tailor your EPG to specify exactly which decisions your guardian can make.

How Does Treatment Decision-Making Work?

If you are capable, you always have the right to make your own treatment decisions. If you lose capacity:

• Non-urgent treatment decisions are made based on a legal hierarchy starting with your Advance Health Directive (if any), then your enduring guardian with authority, and then other family or close persons.
• Without a valid Advance Health Directive or EPG, health professionals will seek decisions from the nearest person on this hierarchy who is willing and capable.

Why Use a Lawyer to Draft Your EPG?

Using a lawyer ensures your EPG:

• Is legally valid, comprehensive, and tailored to your personal circumstances
• Complies with all legislative requirements under the Guardianship and Administration Act 1990 (WA)
• Properly outlines your wishes and the powers granted to your enduring guardian

Our experienced lawyers provide clear guidance throughout the process, helping you make informed choices and providing peace of mind for you and your loved ones.

What Happens If You Don’t Have an Enduring Power of Guardianship?

If you lose the ability to make personal and lifestyle decisions and have not appointed an Enduring Guardian, family members may need to apply to the State Administrative Tribunal to be appointed as your guardian. This process can be time-consuming, costly, stressful, and may result in decisions being made by someone you would not have chosen.

How much does it cost?

Our price guide is as follows:

• Enduring power of attorney or enduring power of guardianship:
  • Couple: $330 (or $660 for both);
  • Single: $220 (or $440 for both).

• Will, enduring power of attorney and enduring power of guardianship package:
  • Couple: $1,210;
  • Single: $770.

How We Can Help You

At Vogt Legal, we understand how difficult it can be to consider losing control over personal decisions. Our caring and knowledgeable team will guide you through every step of creating your Enduring Power of Guardianship:

• Discuss your circumstances, preferences, and concerns
• Explain the roles and responsibilities of an enduring guardian
• Help you select the right person(s) to protect your interests
• Draft a clear, legally binding document that reflects your wishes

Don’t wait until a crisis arises. Protect your personal autonomy by appointing an Enduring Guardian today. Contact us to schedule a consultation and secure your peace of mind.

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.

What is an Enduring Power of Guardianship?

An Enduring Power of Guardianship (EPG) is a legal document that allows you to appoint one or more trusted individuals, your enduring guardian(s), to make important personal, lifestyle, and medical treatment decisions on your behalf if you become unable to do so yourself.

Your EPG only comes into effect when you lose the capacity to communicate or make reasonable decisions about your health, living arrangements, or personal welfare. It’s a vital part of planning for unforeseen circumstances such as serious illness, injury, or cognitive decline.

At Vogt Legal, we help ensure that your EPG accurately reflects your values and wishes, giving you confidence in the future.

Why Should You Appoint an Enduring Guardian?

• You can choose who will look after your best interests, ensuring your personal beliefs, preferences, and values are respected.
• You decide which powers your enduring guardian will hold, from making lifestyle choices to consenting to medical treatments.
• Avoid the stress and uncertainty of having family members apply to the State Administrative Tribunal (SAT) for guardianship if no EPG is in place.
• You can appoint one or more substitute guardians to act if your primary guardian is unable or unwilling to act.

What Decisions Can Your Enduring Guardian Make?

Your enduring guardian can make decisions related to:

• Where you live and what support services you receive
• Daily personal care and lifestyle choices
• Consent to or refusal of medical treatments (unless you have an Advance Health Directive, which takes precedence over conflicting treatment decisions)

Our experienced team can tailor your EPG to specify exactly which decisions your guardian can make.

How Does Treatment Decision-Making Work?

If you are capable, you always have the right to make your own treatment decisions. If you lose capacity:

• Non-urgent treatment decisions are made based on a legal hierarchy starting with your Advance Health Directive (if any), then your enduring guardian with authority, and then other family or close persons.
• Without a valid Advance Health Directive or EPG, health professionals will seek decisions from the nearest person on this hierarchy who is willing and capable.

Why Use a Lawyer to Draft Your EPG?

Using a lawyer ensures your EPG:

• Is legally valid, comprehensive, and tailored to your personal circumstances
• Complies with all legislative requirements under the Guardianship and Administration Act 1990 (WA)
• Properly outlines your wishes and the powers granted to your enduring guardian

Our experienced lawyers provide clear guidance throughout the process, helping you make informed choices and providing peace of mind for you and your loved ones.

What Happens If You Don’t Have an Enduring Power of Guardianship?

If you lose the ability to make personal and lifestyle decisions and have not appointed an Enduring Guardian, family members may need to apply to the State Administrative Tribunal to be appointed as your guardian. This process can be time-consuming, costly, stressful, and may result in decisions being made by someone you would not have chosen.

How much does it cost?

Our price guide is as follows:

• Enduring power of attorney or enduring power of guardianship:
  • Couple: $330 (or $660 for both);
  • Single: $220 (or $440 for both).

• Will, enduring power of attorney and enduring power of guardianship package:
  • Couple: $1,210;
  • Single: $770.

How We Can Help You

At Vogt Legal, we understand how difficult it can be to consider losing control over personal decisions. Our caring and knowledgeable team will guide you through every step of creating your Enduring Power of Guardianship:

• Discuss your circumstances, preferences, and concerns
• Explain the roles and responsibilities of an enduring guardian
• Help you select the right person(s) to protect your interests
• Draft a clear, legally binding document that reflects your wishes

Don’t wait until a crisis arises. Protect your personal autonomy by appointing an Enduring Guardian today. Contact us to schedule a consultation and secure your peace of mind.

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.

Wills and Codicils

Preparing a will is one of the most important legal decisions you’ll make in your lifetime. A properly drafted will ensures that your assets are distributed according to your wishes, helps your loved ones avoid unnecessary stress, and protects your legacy long after you're gone.

Without a will, your estate may be distributed in accordance with the Administration Act 1903 (WA), which may not reflect your intentions or provide adequately for the people you care about.

Why you need a will

Whether your estate is simple or complex, having a valid will means:

• Clarity for your loved ones with your instructions clearly outlined.
• Avoiding unnecessary delays or costs in administering your estate.
• Minimising family disputes.
• Peace of mind knowing your affairs are in order.

At Vogt Legal, we ensure your wishes are clearly documented and legally sound, giving you and your family lasting peace of mind.

What a will covers

A professionally prepared will typically allow you to:

• Appoint an executor to manage your estate.
• Set out basic or complex arrangement outlining who inherits your assets, such as property, bank accounts, businesses, or personal items.
• Provide for specific gifts or charitable donations.

Who should have a will?

Everyone over the age of 18 should consider a will — particularly if:

• You own property, investments, or business interests.
• You have children or other dependants.
• You want to leave gifts to friends or charities.
• You want to avoid disputes or confusion later.

The team at Vogt Legal works with individuals and families at all stages of life to ensure your will reflects your current wishes and circumstances.

Our Process – Simple, Tailored, and Efficient

We make the process of writing your will as straightforward as possible:

Book Your Appointment

Call our office to schedule an appointment at a time that suits you.

Initial Meeting

We’ll sit down (in person or via Microsoft Teams) to understand your wishes, your family structure, and your assets.

Drafting and Review

We prepare your will and send you a draft for review. You’ll have the opportunity to ask questions or make changes.

Signing

Your will is signed and witnessed correctly.

Types of wills we prepare and review

We prepare and review a variety of different types of wills to suit your wants and needs:

• Simple wills – provides a basic outline for how your assets are to be distributed, typically as a lump sum or a percentage.
• Complex wills – goes beyond basic asset distribution and includes detailed provisions such as establishing trusts, addressing tax planning, or handling business interests.
• Testamentary trust wills – will that creates a trust upon your death to manage assets for beneficiaries, such as minors or dependents.
• Couples’ Wills:
  • Joint wills – a single will signed by two people that outlines shared wishes and typically cannot be changed after one person passes away.
  • Mirror wills – identical (or nearly identical) wills made by two people that leave assets to each other and then to the same beneficiaries, but each person can revoke or amend their own will independently. 

If you’re not sure which will is right for you, we can help you choose the most suitable option based on your goals and circumstances.

When should you have your will reviewed?

You should review your will:

• After marriage or divorce (which usually automatically revoke your will).
• After separation.
• When you have children or grandchildren.
• If your financial situation changes significantly.
• If your chosen executor or beneficiaries change.
• Every 5 years, as a general best practice.

How much does it cost?

Our price guide is as follows:

• Standard will:
  • Couple: $770;
  • Single: $440.

• Will, enduring power of attorney and enduring power of guardianship package:
  • Couple: $1,210;
  • Single: $770.

• Testamentary trust:
  • Couple: $2,200;
  • Single: $1,650.

• Application for grant of probate:
  • From $1,320 (plus court fees of $408).

• Application for a grant of letters of administration:
  • From $1,650 (plus court fees of $408).

• Administration of estate:
  • Estimate to be provided at initial consultation.

• Challenging a will and other estate-related litigation:
  • Estimate to be provided at 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.

Debt Recovery in Perth

Recovering a debt promptly and efficiently can protect your business or personal finances. We provide tailored legal solutions for clients across Perth and Western Australia to help secure payment and resolve disputes.

Engaging a lawyer sends a strong signal to debtors that you are serious and allows you to ensure that your legal rights are protected.

Why Engage a Lawyer for Debt Recovery?

Using a lawyer rather than relying solely on a debt collector can offer significant benefits:

• Authority and enforceability: Lawyers can take formal legal steps, including commencing court proceedings, which debt collectors cannot.
• Transparent costs: We provide clear estimates of legal costs, so you know your likely legal expenses upfront.
• Stronger position: A lawyer’s involvement demonstrates seriousness and can increase the likelihood of payment.
• Strategic guidance: Our lawyers assess each situation carefully and advise on the most effective course of action.

Our Debt Recovery Services

We provide a complete range of services to recover debts efficiently.

Letters of Demand

A Letter of Demand is often the first (and sometimes final) formal step in resolving a debt. It clearly outlines the debt, sets payment terms, and explains the consequences if the debtor fails to comply.

Our approach includes:

1. Document collection and review: Collecting invoices, contracts, correspondence, and debtor information.
2. Settling terms of payment: We will adjust the terms of payment to suit your circumstances.
3. Drafting the letter: Outlining the debt, repayment schedule, and consequences for non-payment.
4. Client review: You may approve the draft letter before it is sent.
5. Sending the letter: Sent via email and/or registered post, with copies retained for your records.
6. Escalation advice: If payment is not received, we guide you through court proceedings or further recovery steps.

A carefully prepared Letter of Demand can result in prompt repayment without needing the escalate the matter further.

Deeds of Acknowledgment of Debt

A Deed of Acknowledgment of Debt is a formal document where a debtor confirms a debt exists and the amount owed. This provides certainty and legal enforceability, making it a valuable tool for creditors.

Benefits include:

• Clarity and certainty: The debt and repayment terms are clearly documented.
• Enforceability: Acts as conclusive evidence if there is a default in payment.
• Security options: Can include guarantees, caveats, or security over assets.
• Preserving rights: Maintains your ability to take legal action if necessary.

Our team drafts and enforces these deeds to ensure your interests are fully protected.

Caveats and Caveat Disputes

Caveats are an important legal tool for protecting interests, but disputes can arise over their validity or enforcement. We offer guidance and representation in Western Australia for:

• Assessing caveatable interests: Confirming whether your interest qualifies for lodging a caveat.
• Preparing and registering caveats
• Resolving disputes: Challenging improper caveats or defending yours against removal.
• Court representation: Acting in Supreme Court applications for caveat extension or removal, and negotiating settlements where appropriate.

Caveat disputes can disrupt property deals or create financial risk, offering a useful tool for securing payment of a debt. Acting early is crucial to safeguard your interests.

Statutory Demands

A Statutory Demand may be a powerful legal tool available under section 459E of the Corporations Act 2001 (Cth) for creditors owed $4,000 or more by a company and where there is no genuine dispute about the debt. It requires the debtor company to pay the debt, reach a settlement, or apply to set aside the demand within 21 days of service.

If the company fails to act within that period, it is presumed insolvent, allowing the creditor to seek orders to wind up the company and appoint a liquidator.

Our services include:

• Issuing statutory demands: Preparing and serving compliant statutory demands to prompt payment or confirm a company’s insolvency.
• Responding to statutory demands: Advising debtor companies on whether grounds exist to set aside the demand (such as a genuine dispute or offsetting claim).
• Applications to set aside: Preparing urgent court applications to set aside, noting the strict 21-day time limit.
• Strategic guidance: Advising whether a statutory demand is the most effective next step in your debt recovery process.

The consequences of issuing or ignoring a statutory demand can be significant. Our lawyers provide timely, practical advice to ensure compliance with the Corporations Act 2001 (Cth) and to protect your commercial position.

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.

Letters of Demand in Perth

We provide practical, cost-effective legal advice for clients needing to recover debts or resolve disputes. A Letter of Demand is often the first (and sometimes final) formal step in seeking payment or compliance, giving debtors a clear opportunity to act before legal proceedings are necessary.

What is a Letter of Demand?

A Letter of Demand is a formal document sent by a creditor to a debtor demanding payment of a debt or compliance with a specific obligation. It clearly sets out:

• the amount owed or the issue in dispute;
• how and when the debtor should pay or act; and,
• the consequences if the debtor does not comply, such as the commencement of legal action in a court.

This letter not only communicates your request clearly but also signals to the debtor that you are serious about enforcing your rights.

Our Letter of Demand Process

1. Relevant documents and details:

We ask you to supply:

• • • relevant invoices;
    • contracts/quotations/terms of agreement;
    • any relevant correspondence in relation to the debt;
    • your legal name and contact information; and,
    • the debtor’s contact details.

2. Determine payment terms:

Payment is usually demanded to be made within 7-14 days, however, this can be tailored to your preference and circumstances.

Payment may be directed to our trust account, or to your nominated bank account.

3. Draft the letter:

Once we have the relevant documents and details, and understand your preferred terms for payment, our lawyers prepare a clear, professionally worded letter, outlining the debt, repayment requirements, and consequences for non-compliance.

4. Review and approval:

Unless you instruct otherwise, you will be invited to review a draft version of the letter before it is sent.

5. Send the letter:

The letter is sent by email and/or registered post to ensure receipt. A copy is provided to you for your records.

6. Next steps if unpaid:

If the debtor does not make payment, we can advise on escalation, including filing a claim in the relevant court or considering a Statutory Demand where appropriate.

Need Help with a Letter of Demand?

If you require a Letter of Demand or advice regarding debt recovery, 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.