Property Disputes


Stephens Tozer Solicitors have leading specialists in building and property disputes.

Our team is led by Melissa Ban who has extensive legal experience in acting for home owners, builders, developers and all trades in resolving building and construction disputes.

With Stephens & Tozer Solicitors you will get advice which is affordable and reliable.

Do you need assistance with building and construction law and dispute?

Do you have a BCIPA claim?

Are you trying resolve a contract and negligence dispute?

Are you a Sub contractor or a supplier locked in a dispute?

Stephens & Tozer can assist you with all that and much more including

  • defective works
  • payment disputes
  • mediation
  • adjudication
  • Litigation

Speak to our experienced Building and Construction Lawyers.

If you have bought a defective building and want to find a way out, we can assist in providing the correct advice and sue the other party for your entitlements, if required.

You may also feel that the estate agent made misrepresentations about the property and you want us to investigate further and advise you of your rights.

We are also able to advise you and take action about the following issues:

Resumption Notice

When you have received a notice of intention to resume your property from a government agency and you are not happy with losing your property or the amount offered as compensation, we will protect your interests and advise you of the appropriate steps to take.

Constructive Trusts

Exercising your rights as a constructive trustee over a property when you have provided finance to either develop or purchase a property and have obtained an interest in the property.


If you are the co-owner of the property and are in dispute with the other owner about selling the property, we will assist you and if need be, apply to the Court for an Order that a Trustee for Sale be appointed to sell the property on behalf of the owners.

Disputes by neighbours about retaining fences, boundary walls and nuisance

When you and your neighbour cannot agree on who’s responsible for repairing a boundary fence, retaining wall or a nuisance on your property (e.g. water being diverted to flow over your property) we are able to provide you quick and efficient advice and have on numerous previous occasions dealt with similar issues.

Landlord & Tenant Disputes

If you own a property and are unable to get rid of a rogue tenant, we will take the necessary steps on your behalf and IF NEED BE apply to QCAT for appropriate orders. If you are a tenant and treated unfairly by your landlord, we will similarly enforce your rights in QCAT if need be.

Issues pursuant to the Environmental Protection Act 1994 (EPA)

When your health is being threatened by an activity conducted by your neighbour, we will advise you of your rights and steps to take to have this stopped. We are also able to advise you about the requirement under section 408 of the EPA to provide notice to a proposed purchaser that land is recorded in the contaminated land register and when this has not been done.