Areas we serve / Mornington Peninsula / Moorooduc and Tuerong
Lawyers and solicitors for Moorooduc and Tuerong
Rural property, building a home, wills and family law for Moorooduc and Tuerong clients, from our Frankston office about 15 to 20 minutes away.
What we do for Moorooduc and Tuerong clients
Choose what you need help with. Each one opens the detail further down this page.
Legal services for Moorooduc and Tuerong clients
Moorooduc and Tuerong are rural living areas between Mount Eliza, Mornington and Hastings, with horse properties, small farms, the heritage Mornington Tourist Railway at Moorooduc station, and Devilbend Reservoir, no longer used for water supply. Most homes here are lived in all year: in 2021 only about 6% of homes in Moorooduc were unoccupied on Census night.
We act for families buying and selling rural property, for owners building a home on rural land, for parents making wills, and for people working through a separation. Radek Dajer, our principal solicitor, acts personally on each matter, in English or in Polish, and we meet at our Frankston office or by video.
Local note
Much of the land around Moorooduc is covered by an Environmental Significance Overlay for the Moorooduc Plain and Balcombe Valley, which can require a planning permit for buildings, works and vegetation removal.
Rural property, wills and family matters in Moorooduc and Tuerong
Choose a topic to see what it involves and how we help.
Buying and selling rural lots, horse properties and small farms.
- Green wedge: rural land on the Peninsula is generally in the Green Wedge Zone, which encourages farming and discourages other development.
- Dwellings: in the Green Wedge Zone a dwelling needs a planning permit, and generally only one is allowed on each lot. The Mornington Peninsula Shire says there is no entitlement to build a house on rural land.
- Subdividing: the minimum lot size is set by the zone schedule and is generally 40 to 80 hectares on the Peninsula, so most rural lots cannot be split.
- Before you sign: we check the contract, the section 32 statement, the zone and overlays, access and services, and suggest changes while you can still negotiate.
Permits and contracts for a new home, stables or sheds on rural land.
- Planning permit: a dwelling in the Green Wedge Zone needs a planning permit, and the Shire asks for a farm or land management plan with the application.
- Septic systems: some properties are not connected to sewer. The Shire must consent before a building permit is issued for work that installs or alters a septic system, and adding bedrooms or fixtures can require an upgrade.
- Bushfire: rural land here is in a Bushfire Prone Area, so new homes and extensions must generally meet bushfire construction standards, and a Bushfire Management Overlay applies to some land.
- The building contract: for a major domestic building contract you can usually withdraw within 5 clear business days after receiving a signed copy.
Wills and powers of attorney for parents with young children.
- Guardians: your will can appoint guardians for your children if both parents die.
- Testamentary trusts: a trust created by your will to protect young or vulnerable beneficiaries and control when they receive their inheritance.
- Superannuation: your fund’s trustee decides who receives your super unless you have a valid binding death benefit nomination. Some nominations lapse after a set period.
- Without a will: your estate passes under the intestacy rules in the Administration and Probate Act 1958 (Vic), which may not match your wishes.
Separation, property settlement and parenting arrangements.
- Separation and divorce: separate legal steps under the Family Law Act 1975 (Cth). You do not need to be divorced to settle property or parenting arrangements.
- Time limits: married couples must apply to the court within 12 months after their divorce takes effect; de facto couples within 2 years after the relationship ends.
- Parenting: the best interests of the child are the paramount consideration. Before applying for parenting orders you generally need a certificate from a family dispute resolution practitioner.
- Rural property: land, horses and farm equipment form part of the property the court looks at, and valuing them early helps settle sooner.
Buying a horse property?
Check the zone, the overlays and whether the house, stables and arena have the permits they need, as well as access, water and any easements, before you sign.
Planning ahead
Your estate plan, step by step
Five steps to a will and powers of attorney that match your wishes and your family. We explain each document in plain language, in English or in Polish.
01
Take stock
List what you own and how: property in your sole name, property owned as joint tenants, superannuation and any business or trust. Some assets pass outside your will.
02
Choose your people
Decide who will be your executors, your attorneys, your medical treatment decision maker and any guardians for young children.
03
Your will
We draft your will to state your wishes clearly, and supervise the signing so the witnessing requirements of the Wills Act 1997 (Vic) are met.
04
Powers of attorney
An enduring power of attorney covers financial and personal matters. A medical treatment decision maker is appointed separately, and most people need both.
05
Keep it current
Review everything after marriage, separation, a birth or death in the family or a major sale, and otherwise every three to five years. Check your superannuation nominations too.
How we work
Visit us from Moorooduc and Tuerong
435 Nepean Highway, Frankston VIC 3199
Monday to Friday, 9:00am to 5:30pm, by appointment
From Moorooduc and Tuerong
About 15 to 20 minutes by car via the Moorooduc Highway or Peninsula Link.
By phone or video
Much of the work can be done by phone, video and email, so you may only need to come in to sign documents.
Parking
Wilson Parking at 453 Nepean Highway, street parking on the Nepean Highway, and the car parks at McDonald’s across the road and at Dan Murphy’s.
Common questions
Can’t see your question? Call 1800 776 529 or send us a message.
Usually not. In the Green Wedge Zone a dwelling needs a planning permit, and generally only one is allowed on each lot. A small second dwelling of 60 square metres or less may be possible, but it also needs a planning permit.
Rarely. The minimum lot size in the Green Wedge Zone is set by the zone schedule and is generally 40 to 80 hectares on the Peninsula, so most rural lots cannot be split.
The land, animals and equipment form part of the property the court looks at when deciding a fair division. Time limits apply: 12 months after a divorce takes effect, or 2 years after a de facto relationship ends.
Yes. A will lets you appoint guardians for your children and leave your estate through a testamentary trust that controls when they inherit. Without one, the intestacy rules decide who inherits.
Our office is at 435 Nepean Highway, Frankston, about 15 to 20 minutes by car. Much of the work can be done by phone, video and email, so you may only need to come in to sign documents.
Yes. Radek Dajer speaks Polish and can take your instructions and explain your documents in Polish. See our Polish-language services.
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Talk to us about your Moorooduc and Tuerong matter
Tell us briefly what has happened or what you are planning. We reply to every enquiry within one business day, by phone, email or text, whichever you prefer.
What happens next
- Send the form.
- We reply within one business day.
- We arrange a time to talk, or ask for any information or documents we need first.
Prefer to talk? Call 1800 776 529, Monday to Friday, 9:00am to 5:30pm.