State Administrative Tribunal

Building Disputes

SAT can review some decisions from Building and Energy. The Building Commissioner also can refer or transfer matters to SAT. The Building Commissioner will advise the parties if your complaint is referred or transferred to SAT.

The following orders can be reviewed by SAT:

  • Interim Order
  • Building Remedy Order
  • Home Building Work Contract Order
  • an order for costs.

You can view the applications page for more information on the different types of applications.

How long do I have to apply to SAT?

A review application to SAT must be made within 28 days from the Building Commissioner's order or decision. If this time has already elapsed, you may make application to SAT to seek an extension of time to lodge the application. This is at the discretion of SAT.

How does SAT handle building disputes?

There are several procedures for building matters which are different to other commercial and civil matters:

  • The documents relevant to the proceedings are handled differently. SAT will prepare copies of a hearing book containing the relevant documents filed with SAT by the parties. However, if an applicant is legally represented they are required to prepare the hearing book. The parties may collect a copy of the hearing book up to three days prior to the hearing. See Standard Orders 101 to 105 for more information.

  • SAT can request the parties file a ‘Scott Schedule’ to clarify the issues in dispute.

What is a Scott Schedule?

A Scott Schedule is a document which helps to clarify the issues in dispute. In short, the applicant lists each complaint, with the applicant’s and the respondent’s position next to each item. This can assist to identify areas of agreement, and also allows the complaint items to be summarised in a concise and clear manner. Scott Schedules are a common method of streamlining building disputes when there is a large number of complaint items.

The list of standard orders provides details of how to draft a Scott Schedule for different types of building disputes - see standard orders 85 to 91. The Schedule can be in any format that complies with SAT’s orders, but an example Scott Schedule and a template Scott Schedule are provided for convenience.

Can I review or appeal SAT's decision?

There are some situations in which an internal review of a SAT decision is available. There is a pamphlet which provides a Guide for the Conduct of Internal Reviews.

Other SAT decisions may be capable of being appealed to the Supreme Court of WA. Parties need to obtain their own legal advice in relation to whether they have grounds of appeal available.

Last updated: 1-May-2019

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