Caveats and Caveat Disputes

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.

Statutory Demands in Perth

Vogt Legal provides clear and practical legal advice for both creditors seeking to issue a statutory demand and companies responding to one. Statutory demands are a powerful legal mechanism under the Corporations Act 2001 (Cth) and must be used carefully to avoid serious legal and financial consequences.

Understanding Statutory Demands

A statutory demand is a formal notice issued by a creditor to a company requiring payment of a debt that is $4,000 or greater. It must:

• Be in the prescribed form under section 459E of the Corporations Act 2001 (Cth);
• Set out the amount owed;
• Be signed by the creditor or their lawyer; and
• Be supported by an affidavit verifying the debt, unless the debt arises from a court judgment.

Once served, the company has 21 days to either:

1. Pay the debt in full; or
2. Apply to the Supreme Court of Western Australia to have the demand set aside.

If the company does not comply within 21 days, it is presumed to be insolvent, allowing the creditor to apply to have the company wound up in liquidation.

When to Use a Statutory Demand

While a statutory demand can be an effective tool for debt recovery, it should only be used where there is no genuine dispute about the debt. Improperly issuing a demand can expose a creditor to legal risk and costs if the company successfully applies to set it aside.

A statutory demand may be appropriate when:

• The debtor is a company (not an individual);
• The debt is due and payable and exceeds $4,000;
• There is no genuine dispute about the existence or amount of the debt; and
• You have reason to believe the debtor company may be insolvent or unwilling to pay.

Where a statutory demand is not appropriate, other recovery methods such as a Letter of Demand or Deed of Acknowledgment of Debt may be more suitable.

Responding to a Statutory Demand

If your company has been served with a statutory demand, you must act immediately. The 21-day deadline is strict — missing it can have severe consequences.

Your options include:

• Paying the debt: Where the debt is undisputed and funds are available.
• Negotiating a settlement: In some cases, creditors may agree to payment terms or partial settlements.
• Applying to set aside the demand: If you believe the debt is genuinely disputed, or you have an offsetting claim, an application can be made to the Supreme Court of Western Australia under section 459G of the Corporations Act 2001 (Cth).

Applications to set aside must be filed and served within 21 days of service.

Why Legal Advice is Essential

Both issuing and responding to statutory demands require strict compliance with statutory requirements. An error in the form, service, or timing of the demand can render it invalid or expose a creditor to costs. Likewise, a company that ignores or delays responding risks being presumed insolvent and facing winding up proceedings.

Our experienced lawyers assist with:

• Drafting and issuing statutory demands in compliance with the Corporations Act 2001 (Cth);
• Advising on whether a statutory demand is appropriate in your circumstances;
• Responding to and applying to set aside statutory demands; and
• Representing clients in Supreme Court proceedings relating to winding up applications.

Need Help with a Statutory Demand?

If you are considering issuing a statutory demand, or your company has received one, seek advice immediately. Our team at Vogt Legal provides timely and practical guidance to protect your interests and ensure compliance with the 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.

At Vogt Legal, our family law team provides clear, accurate, and results-driven legal advice.

We assist clients navigating divorce, separation, and property settlement matters across Western Australia.

We combine legal precision with effective communication so clients stay informed and confident at every stage.

Family law services we offer

Our family law team acts in a range of matters in Western Australia, including:

• Divorce
• De facto relationships
• Property / financial disputes
• Financial agreements

We do not act in child custody, child support or binding financial agreement matters.

Why choose Vogt Legal for Family Law Matters

• We take the time to understand each client’s circumstances.
• We are robust advocates. Whether in negotiation, mediation, or at court, we will protect your interests with precision.
• We focus on the law. Each client receives thorough investigation, research and preparation.
• We are client-goal oriented. We focus on practical results that help you move forward with confidence.
• We prioritise client communication. Our secure client portal and mobile app provide real-time updates, file sharing, and direct messaging with your lawyer, free of charge.

How our fees work

Legal costs should be predictable and fair.

Our clients always receive:

• up-front fee estimates;
• regular updates; and,
• written notice if legal fees are expected to change.

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.

How Divorce Works in Western Australia

At Vogt Legal, we help clients understand and manage every step of the divorce and separation process in Western Australia.

Divorce is the most straightforward type of marriage dispute.

This is because divorce is only about ending a marriage relationship.

Divorce applications do not decide marital disputes about property, maintenance or children.

According to the Family Court of Western Australia Annual Review 2024, the Family Court of Western Australia received 5,741 divorce applications in 2024 and 3,241 applications for consent orders (of which 90.1% were for financial issues only).

These statistics show that most couples end their marriage formally and settle issues about money and children privately without further litigation.

Grounds for Divorce: Irretrievable breakdown (s48, Family Law Act 1975)

A court may grant a divorce if it is satisfied that the marriage has broken down irretrievably. This is sometimes called the ‘no-fault’ rule.

The ‘no fault’ rule means that no blame is assigned to either party for the divorce. It follows that the Family Court does not need to know why you are getting divorced. It is not necessary to prove that one of parties to the marriage committed adultery, desertion or other unreasonable behaviour.

All you need to prove is that there has been an irretrievable breakdown of the marriage, and there are no prospects of reconciliation.

This usually means there is nothing to fight about legally in divorce proceedings. Divorce cases are usually uncontested, and many are filed as joint applications.

To prove irretrievable breakdown, the parties must show:

• 12 months’ separation; and,
• No reasonable prospect of reconciliation.

Separation and what it means (s48 and s49, Family Law Act 1975)

You can be separated even if you still live in the same home. This is known as “separation under one roof.”

Examples of separation include:

• Sleeping in separate bedrooms
• Ceasing to act as a couple
• Telling others that the relationship has ended

If spouses briefly resume living together for less than three months and separate again, the two periods of separation are added together.

It is important to remember the date of separation because you’ll need to write it on the divorce application form.

Divorces and children (s 55A, Family Law Act 1975)

The Family Court will not grant a final order of divorce unless it has made a finding about the well-being of your children.

The Family Court must be satisfied that:

• there are no children were born of the marriage under 18 years of age; or
• proper care arrangements have been made for all children.

The Family Court looks at the whole picture to see if proper arrangements for children have been made. This includes:

• where the children will live;
• how the children will be cared for;
• how their growth and general welfare will be handled;
• the child’s bond with each parent and with their siblings.

If the Family Court doubts that proper arrangements for children have been made, it can adjourn the divorce proceeding ask for a report from a family consultant regarding those arrangements before finalising the divorce.

When a divorce becomes final (s55 and s5, Family Law Act 1975)

A divorce does not become final right away.

It becomes final one calendar month and one day after the court makes the divorce order.

During that month:

• The parties can reconcile and apply to rescind the divorce order. This provides the parties with a cooling off period.
• Either party may appeal the decision. Divorce orders are unappealable once they come into effect.

The court has the power to lengthen or shorten this one-month period.

After the divorce comes into effect, both parties may re-marry.

After a divorce is final, parties have one year to apply for property adjustment orders.

Read more about property settlement disputes here.

How to apply for Divorce in Western Australia

To get divorced, at least one party to the marriage must:

• Be an Australian citizen; or
• Regard Australia to be their permanent home; or
• Have lived in Australia as an ordinary resident for the past year.

You will need to:

• Provide a copy of your marriage certificate to the Family Court
• Prove citizenship or residency (if born overseas)
• Complete the Form 3 – Application for Divorce
• Swear an affidavit of evidence about the breakdown of your marriage and explaining when the parties separated
• Lodge the Form 3 – Application for Divorce and affidavit on the eCourts Portal of Western Australia; and,
• Pay the filing fee (on 1 July 2025, the standard filing fee was $1,125, and the concession fee was $375).

Divorce Lawyers Perth

We help clients across Western Australia prepare, file, and finalise divorce applications efficiently.

If you’re seeking divorce advice in Perth, contact Vogt Legal for legal advice.

Frequently Asked Questions – Divorce in Perth, Western Australia

My partner and I want to get divorced. What should we do?

If both partners agree to end the marriage, you can file a joint divorce application through the Family Court of Western Australia.

A joint application is the simplest and fastest way to get divorced because:

·         You do not need to serve documents on your spouse.

·         You usually do not have to attend court.

·         The Court processes the application electronically through the eCourts Portal.

To apply jointly, you and your spouse must have been separated for at least 12 months, even if you still live under one roof.

You’ll need your marriage certificate, proof of citizenship or residency, and the completed Form 3 – Application for Divorce.

If you and your partner agree, Vogt Legal’s divorce lawyers can help you prepare and file the joint application online quickly and correctly.

 I have been served with a divorce application. What should I do?

If you’ve been served with a divorce application in Western Australia, it helps to understand that divorce applications are usually procedural and not about property, money, or children.

Disputes about property, money or children are separate proceedings in the Family Court.

Under Australia’s no-fault divorce system, you generally cannot oppose a divorce simply because you disagree with it or do not want it to proceed.

 The Family Court will grant a divorce if it is satisfied that the marriage has broken down irretrievably, evidenced by separation for 12 months or longer.

 Defences to divorce applications may include:

·         The parties have not been separated for 12 months; or

·         Neither party is an Australian citizen, or permanent resident, or has lived in Australia for less than 12 months.

If you agree with the application, you don’t necessarily need to do anything further, although we do recommend that you take legal advice from a competent family lawyer.

If you disagree with the divorce application, you must file a Response to Divorce (Form 3A) within the applicable time period.

For advice about defending a divorce applicant, contact Vogt Legal for practical guidance.

Who gets custody of the children after a divorce in WA?

The Family Court will not grant an order for divorce unless it is satisfied that adequate arrangements have been made for the children.

The Family Court’s foremost duty in any case which involves children is to take into account the best interests of the child.

The Family Court must consider the following factors when weighing up the best interests of the child (s60CC, Family Law Act 1975):

·         The child’s safety

·         The child’s wishes and needs

·         The parents’ ability to meet those needs

·         The benefit of meaningful relationships with both parents

·         Anything else relevant to the child’s own unique situation

If both parents have agreed on orders and ask the Family Court to make them, the Family Court may, but does not have to, take into consideration all the matters listed above.

Am I entitled to (or will I have to pay) spousal maintenance after divorce in Western Australia?

There is no automatic right to receive, or duty to pay, spousal maintenance after a divorce.

Whether you are entitled to receive spousal maintenance, or will have to pay it, depends on:

·         Whether there is a need for financial support; and

·         Whether there is a capacity to pay for that support.

The Family Court will weigh up a wide range of factors determine whether spousal maintenance should be paid, including either party’s income, assets, ability to work, the care of children and how the marriage affected their capacity to earn an income.

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.

Dividing assets after separation

At Vogt Legal, our property settlement lawyers help separating and divorced couples reach fair and practical financial outcomes.

Property settlement can be one of the most complex parts of family law. Unlike divorce, which simply ends the marriage, property settlement determines how a couple’s assets, debts, and financial resources are divided after separation.

Unlike a divorce, which simply ends a marriage, a property settlement deals with who gets what, including:

• The family home and investment properties
• Superannuation
• Vehicles, savings and personal debts
• Business interests and trusts
• Liabilities and debts

Most separating couples in Western Australia reach agreement privately or with the help of lawyers. When agreement is not possible, the Family Court can make property settlement orders dividing property between the parties.

A property settlement finalises financial ties between former partners. Once final orders are made, neither party can usually claim further assets or income from the other.

If you are separated and want to secure your financial future, our property settlement lawyers can help you resolve your property settlement dispute quickly and efficiently.

The five-step process

When the Family Court divides property after separation, it follows a five-step process described in Giles & Giles & Anor [2018] FCCA 194 at [35] and Rockman & Rockman [2014] FCCA 1966 at [84]:

1. Identify the parties’ legal and equitable interests in property.

The Family Court first determines what property each party legally or beneficially owns or controls. This includes all assets, liabilities, and financial resources, regardless of whose name they are in.

2. Decide if it is just and equitable to adjust those interests.

The Family Court then considers whether it is fair and reasonable to alter existing ownership. This question focuses on the circumstances of the relationship, such as its length, the parties’ financial interdependence, and whether assets were acquired through joint effort.

3. Assess each party’s contributions.

If adjustment is justified, the Family Court evaluates both parties’ contributions to the acquisition, conservation, and improvement of property under sections 79(4)(a) to (c) of the Family Law Act 1975 (Cth). Contributions may be financial (income or assets brought in), non-financial (work improving property), or indirect (care of the home and children). The Family Court then determines the contribution-based entitlement of each party as a percentage of the total asset pool.

4. Consider the parties’ future needs.

The Family Court considers factors in sections 79(4)(d) to (g) and 75(2) of the Family Law Act 1975 (Cth) (or section 205ZD(3) of the Family Court Act 1997 for de facto cases).

These include age, health, earning capacity, financial resources, care of children, and responsibilities for dependants. The Family Court may adjust the percentage division to reflect differences in those needs.

5. Determine appropriate final orders.

Finally, the Family Court decides what orders are appropriate to give effect to the parties’ entitlements determined in steps 3 and 4. The outcome must be “just and equitable” in all the circumstances under section 79(1) of the Family Law Act 1975.

Married and de facto couples

The same principles apply to married and de facto couples.

On September 28, 2022, the Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020 came into effect. It allows de facto couples in Western Australia to split their superannuation as part of a property settlement. This change was significant because, before this date, Western Australia was the only state where de facto couples could split their superannuations.

For de facto partners to qualify for property adjustment orders, the couple must have:

• lived together on a genuine domestic basis for at least two years; or
• raised a child together; or
• made substantial contributions to property or the family.

Liabilities

Our family lawyers ensure that all liabilities and debts are property assessed by the Family Court during a property settlement.

The Family Court reviews all debts as part of the property pool. Some liabilities, such as tax debts or loans, are jointly shared. Others remain personal.

Tax and stamp duty

Transfers made under a Family Court order or a binding financial agreement are usually exempt from stamp duty. This includes transfers of the family home, vehicles, furniture, and superannuation.

Capital gains tax (CGT) may apply if a spouse later sells property received under the settlement, particularly investment or trust assets

Legal costs

The starting point in any Family Court matter is that each party pays their own legal costs.

Costs orders are rare and are usually made only where one party unreasonably refused to settle or acted improperly.

How are assets divided after a divorce in Western Australia?

In Western Australia, the way assets are divided after a divorce depends on whether you and your former partner can reach agreement.

You and your ex-partner can reach a private financial agreement about how your property, money, and superannuation will be divided.

In simple cases, you may not need a court order. However, if you are transferring real estate or splitting superannuation, you will need formal Family Court orders to make the agreement legally binding and enforceable.

When both parties agree, you can apply for Consent Orders by filing Form 11 – Application for Consent Orders with the Family Court of Western Australia.

This process finalises your financial relationship and provides legal protection against future claims.

If you can’t reach agreement, you will need to file a Form 1 – Initiating Application together with supporting documents.

In either case, the court will make an order that is ‘just and equitable’. This is a discretionary assessment which involves the court identifying the asset pool and assessing contributions by each party.

Vogt Legal provides clear, strategic advice to help you negotiate, formalise, and finalise your property settlement.

Who gets to keep the house after divorce in Western Australia?

At Vogt Legal, our family and property settlement lawyers in Perth regularly assist clients resolving disputes about who keeps the house after divorce.

In Western Australia, the issue of property ownership is separate from the divorce itself. A divorce application only ends the marriage, but it does not decide who gets the property.

If the matrimonial home is jointly owned, or owned as tenants in common, and the married owners get divorced, the divorce will not automatically change ownership.

If you and your former partner agree on who will keep the home and how the equity will be divided, you can make the agreement legally binding by filing a Form 11 – Application for Consent Orders with the Family Court of Western Australia. This ensures the transfer of property is recognised by law and exempt from stamp duty.

If you can’t reach agreement, you will need to file a Form 1 – Initiating Application and supporting documents.

The Family Court will then determine how the property pool, including the home, should be divided.

There is no automatic rule for who gets to keep the house. The matrimonial home forms part of the asset pool, and the Family Court can order that:

·         the house be sold and the proceeds divided; or

·         the house be transferred to one party; or

·         one party be granted exclusive occupation of the house.

In either case, the Family Court will make an order that is ‘just and equitable’. This is a discretionary assessment which involves the Family Court identifying the asset pool and assessing contributions by each party.

Vogt Legal helps separating couples resolve disputes about property division and home ownership after divorce.

If you’re unsure who will keep the house, speak to our Perth property settlement lawyers for clear advice tailored 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.

At Vogt legal we are able to advise you on all matters relating to the Competition and Consumer Act 2010 (Cth), including misleading and deceptive conduct and claims for breaches of consumer guarantees in relation to goods and services.

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.

Business and company commercial disputes often occur over the terms of contracts and debt /capital disputes between Partners, Directors and Shareholders. However, you could also be having internal business disputes over how your business is being run, or disputes over financial returns and capital contributions.

Vogt Legal advises our clients on the best methods of commercial dispute resolution, conciliation, mediation, arbitration or court proceedings.

Key areas we can provide you with advice on:

• Shareholders and directors.
• Disputes between companies
• Disputes between directors and shareholders
• Breach of director’s duties
• Withholding of dividends
• Fraud
• Breaches of shareholder agreements
• Seeking remedies available against directors breaching their duties to the company and shareholders pursuant to the requirements of the

Corporations Act 2001 (Cth)

• Seeking urgent interlocutory and final injunctions to prevent damage to the company
• The appointment of an administrator or receiver to the company

Partnerships.

• Partnership issues and disputes
• Alternative methods of dispute resolution
• Dissolution of partnerships
• Division of assets

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.

At Vogt Legal, we also often act for directors in relation to disputes relating to directors duties, disclosure of confidential information, restraints of trade clauses in contracts and matters relating to the requirements of the Corporations Act 2001.

We also act for shareholders of public listed companies and have experience in issuing notices for the requisition of company meetings, shareholder oppression actions, disputes relating to the breach of director’s duties, statutory derivative actions, disputes relating to breaches of shareholders’ agreement and challenging rights issues.

Disputes between directors and shareholders may arise because of:

• Directors breaching their duties as a director;
• Disagreements about the company’s strategic direction and management;
• Withholding dividends or payment of dividends;
• Disagreements about the amounts of salaries and profits paid as dividends;
• Conflicts of interest, including directors having personal interests in other companies or businesses;
• Fraud or illegal conduct by directors, including suspicions and allegations of misappropriation of company funds;
• A lack of transparency or denial of requests to provide financial and accounting information;
• Certain directors or shareholders being excluded from meetings or management;
• Breaches of the Company Constitution, Replaceable Rules or Shareholder’s Agreements; and
• Insolvency and liquidation.

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.

In Western Australia, the operation of a partnership is governed by common law principles and the Partnerships Act 1895 (WA) (“Act”).

Section 7(1) of the Act defines a partnership as “the relation which subsists between persons carrying on a business in common with a view of profit”. Section 7(2) of the Act also states that “In deciding whether a partnership does or does not exist in any particular case, the court shall have regard to the true contract and intention of the partners as appearing from the whole facts of the case”.

The key characteristics of partnerships include the following:

• the partnership does not have a separate legal identity like a corporation and is represented by its individual partners;
• the relationship between the partners is governed by a partnership agreement between the partners, such as their voting rights and rights to a distribution of profits;
• the partners have unlimited joint and several liability for all of the liabilities of the partnership but may seek contribution from each other; and
• subject to applicable law in certain circumstances, the partnership may distribute profits as it sees fit but each partner is taxed at his or her personal taxation rates.

At Vogt Legal we are experienced in advising clients with respect to all aspects of partnerships and prepare partnership agreements that clearly define how the partnership will operate to avoid disagreement and to reduce the risk of disputes arising between the partners.

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 can help you resolve any disputes regarding repayment of loan sums advanced, or breaches of other terms of loan agreements, whether you are a lender or a borrower.

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.