Property Lawyer Melbourne

Property disputes can threaten the value of your most significant asset. Whether you are dealing with a contested sale, a lease disagreement, a caveat on title, or a co-ownership dispute, CMH Lawyers provides clear, practical property law advice to individuals and businesses across Melbourne and the Mornington Peninsula.

Property and Lease Disputes

We act in a wide range of property disputes, including disputes between landlords and tenants under commercial and retail leases, disagreements over the terms of a contract of sale, boundary disputes, and claims for breach of vendor disclosure obligations. Property disputes can escalate quickly, and early legal advice often prevents a disagreement from becoming protracted and expensive litigation.

For commercial leases, we advise on tenant default, rent arrears, make good obligations and disputes about options to renew. For residential tenancies, we advise on rights and obligations under the Residential Tenancies Act 1997 (Vic).

Contract of Sale Disputes

When a property sale does not proceed as expected, the consequences can be significant. We act for both purchasers and vendors in disputes arising from contracts of sale, including claims for breach of contract, failure to settle, misrepresentation, non disclosure of defects, and disputes over special conditions.

A vendor who is left with a property after a purchaser defaults may be entitled to terminate the contract, forfeit the deposit, and claim damages for any shortfall on resale. A purchaser who discovers undisclosed defects or encounters a vendor who cannot deliver clear title may have remedies including rescission and compensation. We assess the merits of your position and pursue the most practical path to resolution.

Caveats in Victoria

A caveat is a notice registered on the certificate of title to protect an unregistered interest in land. Common grounds for lodging a caveat include an equitable interest arising from a contract of sale, a resulting or constructive trust, a contribution to the purchase price, or a charging clause in a loan agreement. Caveats in Victoria are governed by the Transfer of Land Act 1958 (Vic).

We advise on lodging and removing caveats, responding to lapsing notices, and applying to the Supreme Court of Victoria for orders extending or removing a caveat. A caveat that is lodged without reasonable cause can give rise to a claim for compensation, so it is important to get legal advice before acting.

Co-ownership Disputes

When co-owners of property cannot agree on whether to sell, how to use the property, or how to share expenses, either party may apply to the Supreme Court of Victoria under the Property Law Act 1958 (Vic) for orders, including the appointment of a statutory trustee for sale. We advise co-owners on their rights and options and represent them in court proceedings where agreement cannot be reached. Where an estate involves co-owned property, our wills and estates team works closely with our property practice to resolve the overlap.

FIRB Advice for Foreign Purchasers

Foreign persons who wish to purchase residential property in Australia are generally required to obtain approval from the Foreign Investment Review Board (FIRB) before completing the transaction. The rules are set by the Foreign Acquisitions and Takeovers Act 1975 (Cth) and the associated regulations, which define who is a foreign person, which types of property require approval, and the applicable fees. These thresholds and fees are updated periodically by the Commonwealth Government. We advise foreign purchasers on their FIRB obligations and assist with the application process.

Vacant Residential Land Tax (VRLT)

The Vacant Residential Land Tax is a Victorian state tax that applies to residential properties in designated areas that remain unoccupied for more than six months in the preceding calendar year. The purpose of the tax is to encourage property owners to make dwellings available for occupation. The designated areas, rates and exemptions are determined by the Victorian Government and may change from time to time. We advise property owners on whether the VRLT applies to their holdings and, where appropriate, assist with exemption applications or objections. If you are involved in a broader property dispute or litigation, we handle the matter from start to finish.

Frequently Asked Questions

What is a caveat on property in Victoria?

A caveat is a notice registered on the title of a property to protect an unregistered interest, such as an equitable interest arising from a contract, trust, or contribution to the purchase price. It prevents the registered proprietor from dealing with the property until the caveator's claim is resolved.

What is FIRB approval and do I need it?

FIRB (Foreign Investment Review Board) approval is required for most foreign persons before they can purchase residential property in Australia. The rules, thresholds and fees are set by the Foreign Acquisitions and Takeovers Act 1975 (Cth) and change periodically. We advise foreign purchasers on their obligations and assist with applications.

What is the Vacant Residential Land Tax in Victoria?

The VRLT is a Victorian state tax that applies to residential properties in certain areas left unoccupied for more than six months in the preceding calendar year. The areas covered and rates are set by the Victorian Government and may change from time to time.

What happens if a property sale falls through?

If a purchaser or vendor breaches a contract of sale, the other party may be entitled to terminate the contract and claim damages. The right to terminate depends on the nature of the breach and the terms of the contract. Legal advice should be obtained promptly.

How are co-ownership disputes resolved?

When co-owners cannot agree on sale, use or maintenance, either party may apply to the Supreme Court of Victoria under the Property Law Act 1958 (Vic) for orders including the appointment of a trustee for sale. Mediation is often attempted before court proceedings.