Practice area
Articles on Victorian conveyancing and property law — residential and commercial transactions, off-the-plan, subdivisions, leasing, caveats and the legal issues that arise when buying, selling or holding real estate.
Featured in this area
A purchaser's roadmap to buying commercial property in Victoria — entity and contract decisions, Section 32 review, title, planning, building, contamination and lease due diligence, GST and going concern, duty and CIPT, land tax and windfall gains tax, foreign investment and withholding, finance and settlement.
Granny flat arrangements let an older person transfer money or property to a family member in return for a right to live in a home. This guide explains the legal structure, Centrelink and CGT considerations, elder-law risks and the documents that protect everyone involved.
A practical Victorian guide to resolving retail lease disputes — notices of default, rent and outgoings, repairs and maintenance, make good, disclosure disputes, options to renew, VSBC mediation and VCAT or court pathways for landlords and tenants under the Retail Leases Act 2003 (Vic).
A vendor-focused Victorian legal guide to selling property at auction — section 32 preparation, contract of sale, reserve, auction rules, vendor bids, dummy bidding, cooling-off, deposit, settlement and the legal steps that must be finalised before auction day.
Definitive Parke Lawyers guide to property law in Victoria — residential and commercial conveyancing, Section 32 vendor statements, contracts of sale, cooling-off rights, stamp duty, settlements, caveats, easements, restrictive covenants, adverse possession, owners corporations, boundary disputes, residential and commercial leasing, property litigation, planning and due diligence.
Practical Victorian guide to Section 32 vendor statements — what must be disclosed, who prepares them, what buyers should check, common seller mistakes, defective statements and a buyer's right to rescind under the Sale of Land Act 1962 (Vic).
Definitive Victorian legal guide to buying residential property at auction — how auctions work, why auction contracts are immediately binding, why cooling-off does not apply, pre-auction due diligence, Section 32 review, finance, deposits, bidding strategy, settlement, common legal mistakes and a practical auction checklist.
A plain-English guide to property settlement after separation and divorce in Australia under the current s 79 (married) and s 90SM (de facto) framework — identifying the pool, contributions, current and future circumstances, and the just-and-equitable requirement, plus Consent Orders, Binding Financial Agreements and time limits.
Definitive Victorian guide to cooling-off rights when buying property — the 3 clear business days under section 31 of the Sale of Land Act 1962 (Vic), how to exercise the right, when it does and does not apply (auctions, pre-auction sales, commercial and rural land), deposit deductions, seller obligations, common mistakes and practical checklists.
A practical checklist for Victorian residents and families reviewing a residential aged care service agreement and accommodation agreement — the documents involved, who has authority to agree, mandatory terms, red flags and the 28-day withdrawal right.
Definitive Victorian guide for first home buyers — finance pre-approval, deposits and contracts, Section 32 disclosure, building and pest inspections, auctions versus private sales, cooling-off rights, stamp duty concessions, the First Home Owner Grant, off-the-plan, settlement, insurance, common mistakes and when to get legal advice.
Definitive Victorian guide to buying residential property off the plan — contracts, Section 32 disclosure, sunset clauses, plan variations, finance and valuation risk, stamp duty and FHB concessions, construction delays, building defects, settlement, default by buyer or developer and due diligence.
Definitive Victorian guide to land transfer duty (stamp duty) — how duty is calculated for residential, commercial and vacant land, first home buyer, off-the-plan, pensioner and PPR concessions, foreign purchaser additional duty, family and Family Court transfers, deceased estates, trusts, landholder duty, common mistakes and penalties.
Authoritative Australian guide on who pays the mortgage, rates, insurance, utilities and household expenses after separation — lender liability versus family-law treatment, post-separation contributions, principal versus interest, occupation of the family home, occupation rent, the person who moves out, redraw and offset, refinance, sale, interim agreements and orders, spousal maintenance, child support, family violence, companies and trusts, rental property, tax, evidence, hardship, Consent Orders and Binding Financial Agreements.
Cornerstone Australian guide for executors, administrators, beneficiaries, families and conveyancers on real property in deceased estates — joint tenants and tenants in common, the right of survivorship, transmission applications in Victoria, transfer of land to executors and beneficiaries, executor sale powers, occupation by beneficiaries, outgoings, rental properties, the main residence exemption, capital gains tax, mortgages, caveats and missing title documents.
Definitive Victorian legal guide to building and pest inspections for residential property purchasers — why inspections matter, what inspectors do, typical structural, pest, moisture and illegal-works defects, auction and cooling-off timing, finance interaction, negotiating after an adverse report, vendor disclosure, new versus established homes, commercial inspections and a practical checklist.
Victorian conveyancing guide to the statement of adjustments — council rates and the ESVF levy, water, owners corporation fees, rent, land tax limits, GST and foreign resident withholding, a fully worked example and how electronic settlement actually works.
How property owned before a marriage or de facto relationship is treated in an Australian family-law property settlement — it is not automatically excluded; the current framework in s 79 or s 90SM of the Family Law Act 1975 (Cth) as in force from 10 June 2025 applies.
A plain-English guide to the Victorian Civil and Administrative Tribunal — its jurisdiction and powers, starting and responding to proceedings, hearings, evidence, costs and practical tips for applicants and respondents.
Definitive Victorian legal guide to PEXA and electronic conveyancing — how electronic settlement works, workspaces, verification of identity, client authorisation forms, financial settlement, lodgement and registration, refinancing, executor settlements, commercial transactions, cybersecurity, digital signatures and the practical settlement workflow.
Historical shorthand only. Property adjustment between separating parties is now decided under s 79 (married) and s 90SM (de facto) of the Family Law Act 1975 (Cth) as amended with effect from 10 June 2025.
A plain-English guide to superannuation splitting in Australian family law — how super is treated in property settlements, accumulation vs defined benefit funds, splitting orders, agreements, tax and practical examples.
When a caveat can be used to protect an interest in real estate after separation — what a caveat is, the risks of lodging one, and the alternatives available.
A practical guide to when the Retail Leases Act 2003 (Vic) applies to a lease, the common exclusions, landlord disclosure obligations and the risks of getting classification wrong.
A practical guide to buying residential property in Victoria — section 32 statements, contract review, finance, auctions, private sales, settlement and the most common mistakes purchasers make.
A practical guide to selling residential property in Victoria — preparing for sale, section 32 obligations, agent appointments, auctions versus private sales, contract issues, settlement and common seller mistakes.
A plain-English Victorian guide to owners corporation disputes — levies and special levies, repairs, common property versus lot property, water leaks, building defects, short-stay, noise and pets, committee decision-making, managers, internal dispute resolution, Consumer Affairs Victoria, VCAT and the costs and practical risks of escalation.
A plain-English Victorian guide to restrictive covenants — how they appear on title, common examples, due diligence, section 32 disclosure, planning permit issues, breach risks, Supreme Court modification and practical steps if a covenant is discovered late.
A plain-English Victorian guide to property boundaries and fencing disputes — how legal title boundaries are determined, why fences are often in the wrong place, licensed surveyors, encroachments, retaining walls, trees, access, the Fences Act 1968 (Vic), mediation and Supreme Court proceedings.
A plain-English Victorian guide to adverse possession — the 15-year limitation period under the Limitation of Actions Act 1958 (Vic), continuous and exclusive possession, intention to possess, fencing and boundary encroachments, Crown land exclusions, applications through Land Use Victoria and Supreme Court proceedings.
A plain-English Victorian guide to easements — drainage, sewerage, carriageway and utility easements, building over an easement, neighbour disputes, removal and variation under section 36 of the Subdivision Act 1988 (Vic) and section 73 of the Transfer of Land Act 1958 (Vic), and pre-purchase due diligence.
A plain-English Victorian guide to caveats on land — caveatable interests, voluntary withdrawal, section 89A lapsing notices, urgent Supreme Court applications under section 90(3), and compensation for wrongful caveats under section 118.
The absentee owner surcharge is an additional Victorian land tax charge for certain absentee owners. Learn when it may apply, notification issues and when to seek advice.
A practical guide for Victorian renters — condition reports, rental agreements, quiet enjoyment, fixed-term and periodic tenancies, subletting and when to seek legal advice.
