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Property Law


We Navigate Commercial and Residential Property Law with Precision

Marshalls+Dent+Wilmoth’s Property Law division is distinguished by its unparalleled expertise in navigating the intricate landscape of both commercial and residential property law within Melbourne and the broader Victoria region. In an era where property transactions are marked by complexity, our dedicated team is committed to devising sophisticated legal strategies that precisely align with our client’s unique requirements.

We pride ourselves on serving a distinguished clientele, including individual property magnates, eminent developers, prestigious hotel chains, leading shopping centre proprietors, and top-tier commercial agents, predominantly rooted in Melbourne, Victoria.

Our Specialised Property Law Services

Our Commercial and Litigation departments further support our comprehensive in-house service. Our property lawyers’ expertise makes us adept at advising on the following:

Property Development

With a profound understanding of Melbourne and Victoria’s property landscape, we guide developers through every stage of their project. From due diligence, acquisition, and planning approvals to environmental compliance and project financing, our team ensures your development meets legal requirements and sets new benchmarks in innovation and sustainability.


Specialising in both residential and commercial conveyancing in Melbourne and throughout Victoria, we handle all legal aspects, including contract review, negotiation, due diligence, settlement, and post-settlement advice. Our meticulous approach ensures that we account for every detail, providing a smooth transition and peace of mind for buyers and sellers alike. Learn more about MDW’s conveyancing expertise.

Commercial Leasing

Navigating the complexities of commercial leasing requires sophisticated legal insight, especially in the dynamic markets of Melbourne and Victoria. Our property solicitors assist landlords and tenants in negotiating, drafting, and reviewing lease agreements that reflect their strategic interests. From retail to office and industrial leases, we ensure that your agreements comply with current legislation and protect your investment over the lease term.

Institutional Lending

Our expertise encompasses the structuring, negotiating, and documenting of loans, mortgages, and other financing arrangements for property transactions in Melbourne and across Victoria. We work closely with banks, financial institutions, and private lenders, ensuring that your lending activities are executed with precision, legal compliance, and optimal risk management.

Our Portfolio

  • Business structures, including partnerships, joint ventures, companies, discretionary unit trusts and hybrid trusts
  • Business succession strategies, including shareholder and unitholder agreements as well as buy/sell agreements
  • Asset protection strategies
  • Purchase and sales of businesses or shares in a company
  • Common and uncommon commercial agreements
  • Trademarks, including registration and dealing with infringements
  • Liquor licensing, including transfers
  • Resolving business disputes, including the breakdown of a business partnership
  • Preparing and advising on franchise agreements

Some of our property attorneys’ previous high-profile work includes:

  • The Spencer Street Victorian Railways Administration redevelopment
  • The Waterfront Apartment Complex in Geelong
  • The Grand Hotel in Melbourne
  • Breathtaker Ski Lodge at Mount Buller

Property Law FAQs

What reports should I obtain about a property before deciding to enter into a Sale contract?

Before contract exchange, it’s advisable to acquire a building inspection report, pest report, strata records report (if applicable), and contamination report (if applicable) to assess the property’s condition comprehensively.

When do I pay stamp duty and how much?

Stamp duty is calculated based on the purchase price and is payable within 30 days of the property being transferred. However, if you are purchasing a property “off the plan”, you may be entitled to certain stamp duty concessions.

What is “cooling off” period?

The “cooling off” period gives the buyer a period to decide whether to proceed with the contract. In Victoria, a purchaser has up to 3 business days as a cooling-off period, provided they did not purchase the property at auction.

What is the difference between a retail and commercial leases?

A commercial lease is an agreement between a landlord and tenant to occupy a commercial property such as office space, factory, warehouse, shop, or industrial premises. The agreement sets out the terms of the arrangement between the landlord and tenant.

A retail lease is a type of commercial lease that relates to retail premises. Retail leases in Victoria are, in most cases, governed by the Retail Leases Act 2003 (Vic) (“the Act”), which is generally recognised as tenant-friendly legislation. It is often difficult to ascertain whether a lease constitutes a retail lease or a commercial lease, and consideration by an experienced property lawyer is often required.

Is my purchase secured if I pay a holding deposit to an agent but haven't signed a contract?

No, a transaction isn’t binding until contracts are formally signed and exchanged, even if an offer is verbally accepted.

How can a lawyer assist in navigating zoning laws, planning regulations, and environmental considerations for property development?

Our Melbourne property lawyers offer in-depth knowledge of zoning laws, planning regulations, and environmental considerations, ensuring your project aligns with all relevant regulations. Our lawyers assist in drafting essential legal documents, negotiating with authorities, representing you in legal proceedings, and conducting comprehensive due diligence to mitigate risks and promote compliance.

How can a lawyer assist in resolving disputes arising from commercial lease agreements?

Disputes related to commercial lease agreements demand sophisticated legal expertise for effective resolution. Our legal team offers guidance on lease agreements, negotiates and mediates for amicable settlements, and prepares strategic documentation. We also represent you in court if necessary and devise legal strategies to ensure compliance and achieve satisfactory resolutions, leveraging our expertise in commercial leasing laws.

With a profound understanding of commercial leasing laws and our negotiation and litigation expertise, our lawyers are instrumental in navigating and resolving commercial lease disputes. We work diligently to secure fair and legally robust resolutions.

Do I need a property lawyer?

Yes. In the complex realm of property dealings within Australia, whether it be purchasing, selling, developing, or leasing, the expertise of a property lawyer is not just beneficial but often essential. They offer legal expertise, contract drafting and review, due diligence, and dispute resolution, and ensure compliance with regulations, safeguarding your legal rights and facilitating smooth transactions.

Involving a Melbourne property lawyer smoothens transactions while protecting against potential legal issues, rendering their services indispensable for those in the Australian property market.

Meet the team

Property Law Articles

Electronic Certificates of Title for Victorian properties will replace paper certificates
Electronic Certificates of Title for Victorian properties will replace paper certificates
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Property developer wins appeal in misleading and deceptive conduct case
Property developer wins appeal in misleading and deceptive conduct case
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Do You Need a Conveyancer to Buy a House?
Do You Need a Conveyancer to Buy a House?
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Case review: Federal Court decides that marketing materials contained misleading and deceptive representations
Case review: Federal Court decides that marketing materials contained misleading and deceptive representations
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