The Aitken Partners’ Property Law Team has a wealth of relevant experience and expertise.
Property law is a significant part of our overall practice. We see our role as being one of adding real value to clients with insights and by offering truly commercial solutions, not just one of processing and producing documentation.
Our Property Law Team has vast experience in advising on:
- The sale and purchase of property.
- Leasing and licensing (including Retail Leases).
- Valuations in relation to disputes.
- Building and construction contracts for both builders and private clients.
- Security advice, mortgages, mortgage enforcement and mortgagee sales.
- Adverse possession and fencing disputes.
- Easement and covenant variation and removal.
- Revenue legislation including duties and land tax objections.
- Disputes surrounding leases and purchases.
- Compulsory acquisition.
The team works closely with clients to achieve their commercial and investment objectives. Our aim is to be timely, cost effective and build long term relationships with our clients.
Subdivision and Development
Read MoreOur Property Lawyer Team can help guide you through the process of the development of land and can advise in relation to the following:
- Acquisition of land.
- Development structures and joint ventures.
- Planning and local government issues including zoning and permitted uses, section 173 agreements, easements and other requirements of referral authorities.
- Planning permit applications, dealing with objections and negotiating with the responsible and referral authorities, VCAT hearings.
- Plans of subdivision and consolidation, including dealing with common property.
- Preparation of off the plan sales contracts and associated special conditions.
- Preparation of owners corporation documentation including their establishment, meeting minutes, special rules and lease/licences of common property.
Leasing
Read MoreWe advise landlords and tenants in relation to residential tenancies, commercial and retail tenancies, industrial and farming land. Our Property Lawyers have experience in all aspects of leasing, including:
- Preparation of agreements for lease and leases.
- The application of contractual and equitable principles to leases.
- Retail leasing and disclosure.
- Landlord and Tenant’s fixtures and improvements.
- Renewal of leases.
- Termination and surrender of leases.
- Breaches of lease, including remedies and appropriate notices.
- Requirements for make good.
- VCAT applications.
Complex Property Issues
Read MoreOur Property Lawyer Team has more than 30 years of experience in solving specific, unusual and complex property related matters in areas such as:
- Security advice, priority agreements, enforcement proceedings and mortgagee sales.
- Taxation advice, compliance and objections.
- Covenant and easement variation and removal.
- Adverse possession.
- Contaminated land and EPA compliance.
- Building defect and owner builder advice.
- Water rights, allocations and licensing issues.
- Compulsory acquisition and valuations law.
- Caveats, warrants, notices of action and other title issues.
How we work with you.
Initial Consultation
Schedule a confidential consultation to discuss your situation, understand your needs, and receive initial advice
Strategic Planning
We develop a tailored legal strategy outlining the steps, timeline, and necessary documentation to achieve your goals
Resolution and Support
We execute the plan, representing you in negotiations or proceedings, keeping you informed, and ensuring your rights are protected
We’re behind you. Every step of the way.
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Julie Maxfield
Principal
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Bao Ngo
Principal Lawyer
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Nicole Jee
Principal Lawyer
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Ric Birkett
Principal Lawyer
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Rob Bradley
Principal Lawyer
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Steve Maule
Principal Lawyer
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Victoria Agahi
Special Counsel
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John McKell
Consultant
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Shixian Zhang
Consultant
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Ralph Davies
Associate
Expert Guidance in Property Law & Transactions
Our team provides expert legal advice on property transactions, leasing, and disputes, ensuring your rights and interests are protected. Whether you’re buying, selling, developing, or dealing with a property-related legal matter, we offer clear, practical guidance to simplify the legal process. If disputes arise, our property law specialists are ready to assist with negotiations, mediation, and litigation when necessary.
Tailored Legal Solutions for Your Property Needs
Every property matter is unique, and our advice is tailored to suit your specific circumstances. Whether you're dealing with residential or commercial property transactions, leasing agreements, or disputes, our property law team takes a strategic and practical approach to help you achieve the best possible outcome.
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Frequently Asked Questions
Special conditions are additional terms and conditions that can be added to a contract of sale to tailor it to the specific needs of the buyer and seller. These conditions can vary widely and may cover a range of matters, such as finance conditions, pest inspection requirements, or specific performance obligations.
The validity period of a contract of sale can vary depending on the specific terms of the contract and the applicable laws. Typically, contracts of sale have a specific settlement date, and if settlement does not occur by that date, the contract may be terminated or extended.
An unconditional contract of sale is a contract that is not subject to any further conditions or contingencies. Once an unconditional contract is signed, both parties are legally bound to complete the sale.
Section 32 is a statutory requirement in Victoria that requires vendors to provide buyers with a disclosure statement that outlines certain information about the property, such as zoning, building permits, and potential issues.
No, Section 32 is not a contract of sale. It is a statutory requirement in Victoria that requires vendors to provide buyers with a disclosure statement that outlines certain information about the property, such as zoning, building permits, and potential issues.
To obtain a Section 32 statement in Victoria, you can typically request it from the vendor's real estate agent or directly from the vendor. The vendor is responsible for preparing and providing the Section 32 statement.
Yes, a Section 32 statement can expire. As mentioned earlier, the validity period is usually limited, so it's important to review the statement carefully and ensure that it is still valid before making a purchase decision.
The validity period of a Section 32 statement can vary, but it is typically valid for a limited period, such as 30 days. It's important to check the specific terms of the statement and consult with a legal professional for accurate information.
Yes, you can make an offer on a property without having seen a Section 32 statement. However, it's generally advisable to review the Section 32 statement before finalising the purchase to ensure that you are aware of any potential issues with the property.
Off-the-plan selling involves the sale of property that has not yet been constructed. Buyers purchase a property based on plans and specifications, with the expectation that the property will be built to those standards.
In some cases, it may be possible to sell an off-the-plan property before settlement, but this can be complex and may require specific legal arrangements. It's important to consult with a legal professional to understand the potential risks and benefits of selling an off-the-plan property before settlement.
Yes, a mortgage of real property act land can be transferred. However, the transfer process can be complex and may require specific legal documentation and procedures. It's important to consult with a legal professional to ensure that the transfer is done correctly and complies with all relevant laws and regulations.
Located in Melbourne CBD at Level 28, 140 William Street, Melbourne. Servicing all Melbourne suburbs online and within a 15-minute drive for: Melbourne CBD, Carlton, Fitzroy, Richmond, South Yarra, St Kilda, Brunswick, Collingwood, Prahran, South Melbourne, North Melbourne.