Property Lawyer Melbourne 2026

What should a property lawyer check before I sign?

A Victorian vendor must give the purchaser a signed Section 32 statement before the purchaser signs the contract. The statement includes prescribed information about matters such as title, mortgages, easements and restrictive covenants. A current title search identifies registered owners and encumbrances; an instrument search can provide the underlying registered documents.

NS Legal reviews these records alongside the proposed contract to explain your financing and settlement obligations and prepare amendments to put to the seller. If your plans involve changing the use of the property, include those plans with your instructions.

For property contract advice, send the complete contract and attachments, including any replacement pages or later correspondence, and identify the terms you want changed before signing.

How should co-ownership and mortgage arrangements be documented?

Joint tenancy carries a right of survivorship: the property passes to the surviving joint owner or owners on death. Tenants in common hold specified shares, which may be equal or unequal; a deceased owner’s share forms part of their estate. Your choice of ownership needs to reflect the arrangement you intend to make.

A mortgage provides security for a loan and sets out rights relevant to repayment and default. NS Legal prepares co-ownership terms addressing your contributions, ownership shares, loan responsibilities and arrangements for an owner who wants to leave.

For loans and mortgages advice, provide the complete refinancing or security documents, even if your immediate question concerns only one clause. Include any agreement between the owners about repayment or use of the property.

Where are property disputes dealt with in Victoria?

The Supreme Court of Victoria’s Property List deals with suitable proceedings concerning rights over real property. Mortgage default proceedings brought in that Court are initiated in its Commercial Court. Before choosing a procedure, identify the dispute and the orders you want the court to make.

NS Legal uses the contract, title records and correspondence to prepare a negotiating proposal or, where needed, proceedings in the appropriate jurisdiction. Tell us whether you want the transaction completed, an ownership interest recognised or a payment or possession issue resolved.

For a dispute between co-owners, provide the agreement and contribution records. For a commercial property matter, include the lease and any notices as well. Attach the other party’s correspondence and any court documents, with the dates you received them.

What Victorian duty and land tax issues should I check in 2026?

The State Revenue Office administers Victorian land transfer duty and land tax. Duty can arise when you acquire property, including through a gift or a change in beneficial ownership. Land tax is an annual tax on taxable land value, with exemptions requiring separate consideration.

An objection to the legal basis of an assessment generally needs to be lodged within 60 days of receiving the assessment or reassessment. A land valuation objection follows a separate process; for land tax, the usual deadline is two months after receiving the assessment. Lodging an objection does not remove the obligation to pay amounts due on time.

NS Legal prepares the legal grounds and supporting evidence for an assessment objection from your ownership details, property use and notice dates, working with your tax adviser where needed. Seek advice before changing ownership and provide the proposed transfer documents, even if no payment will be made.

What documents should I prepare, and how will the matter proceed?

Start with the contract and Section 32 statement, then add the records relevant to your ownership, loan or tax question. For an initial review, please gather:

• The contract, attachments, vendor statement, title search and relevant plans.
• Co-ownership agreements, contribution records and written arrangements about ownership shares.
• Loan, mortgage and discharge documents, together with any default notices.
• Dispute correspondence, court documents and SRO assessments, including records of when you received them.

A formal SRO objection requires details of the assessment challenged, legal reasons and supporting evidence. Include the full assessment notice and the correspondence explaining the issue you dispute.

NS Legal identifies the deadlines and missing material, then agrees the document review, negotiation or preparation for proceedings needed for your matter. Please send complete documents, including signature pages, attachments and subsequent changes, so the review addresses the terms currently in place.

How do I arrange a Melbourne property law appointment?

Use our contact form to request a Melbourne consultation. Provide the property address, the current stage and any signing, settlement or response date. Once you submit the form, we will confirm the meeting place and available times.

Arrangements for a first consultation are explained when you book.

Compiled from official sources; updated 29 October 2026.