WA’s building regulator has prosecuted an Alkimos landscaper for three contractual offences including seeking a deposit six times the maximum allowed.
Ethan Carl Jon Bailey did not attend Joondalup Magistrates Court when he was convicted of three charges brought by the Department of Local Government, Industry Regulation and Safety’s Building and Energy division under the Home Building Contracts Act 1991.
The court heard a homeowner used social media to contact Mr Bailey, operating as Ethan’s Contracting and Landscaping, in February 2025.
Mr Bailey provided a quote of $12,500 via text for front garden work including landscaping and installation of a boundary retaining wall and synthetic grass. He sought a 40 per cent deposit – or $5,000 – which the homeowner paid in cash.
Under the Act, a maximum deposit of 6.5 per cent is allowed before commencing home building work valued between $7,500 and $500,000.
Mr Bailey also failed to provide a notice to the homeowner or a written, dated contract setting out terms, conditions and other information as required by the Act.
On 7 August 2026, the court ordered Mr Bailey to pay a $1,400 fine and $571 in costs.
Building Commissioner Phil Payne said home building contract laws provide important protections for consumers.
“The 6.5 per cent deposit limit helps avoid situations where the building service provider takes large sums of money, but their work is incomplete or defective,” Mr Payne said.
“The requirements for written, detailed contracts and pre-contractual information ensure consumers can make fully informed decisions and understand their rights.”
See the Home Building Contracts Act fact sheet for more information.
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Media contact: BEmedia@lgirs.wa.gov.au
