Areas we serve / Mornington Peninsula / Somerville
Lawyers and solicitors for Somerville
New homes and building contracts, buying and selling, wills for young families and separation for Somerville clients, from our Frankston office about 20 minutes away.
What we do for Somerville clients
Choose what you need help with. Each one opens the detail further down this page.
Legal services for Somerville clients
Somerville was an orchard town until the 1960s, and its Fruit Growers’ Association held its first show in 1895. Today it is a family town, with its shops, schools and sports grounds clustered around the station on the Stony Point line.
We act for Somerville families building or buying a home, for buyers and sellers, for parents making wills and choosing guardians, 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.
Building new
Buying house and land usually means two contracts: one for the land and one with the builder. Read both before you sign either.
Building a new home
What to check in a building contract
Building a new home in Victoria is governed by the Domestic Building Contracts Act 1995 (Vic). Check these points before you sign with a builder, and as the house goes up.
Tap or point to the gold markers on the drawing.
Homes, wills and family matters in Somerville
Choose a topic to see what it involves and how we help.
Contracts for new homes and extensions, and disputes when a job goes wrong.
- Changes due by 1 December 2026: the Domestic Building Contracts Amendment Act 2025 (Vic) will change the rules on deposits, progress payments, variations and ending a contract. Check which rules apply before you sign.
- Home Warranty: for eligible work over $20,000 under contracts signed from 1 July 2026, the Building and Plumbing Commission’s Home Warranty insurance can respond when the builder is unable or unwilling to complete or fix the work.
- Defects: give the builder written notice listing the problems and allowing reasonable time to fix them, backed by photographs and an independent building report.
- Disputes: for most domestic building disputes, VCAT will not accept an application until the Building and Plumbing Commission’s dispute resolution service issues a certificate of conciliation.
Land, house and land packages and established homes, from the contract to settlement.
- Off-the-plan land: deposit limits, changes to the plan of subdivision, registration deadlines and sunset clauses.
- First home buyers: no land transfer duty on homes up to $600,000 and reduced duty up to $750,000, and other concessions for some homes and off-the-plan purchases.
- Cooling-off: for many private sales of residential property, you have 3 clear business days after signing to end the contract. There is none at a publicly advertised auction.
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.
Building work over $20,000?
For eligible work under contracts signed from 1 July 2026, Home Warranty insurance from the Building and Plumbing Commission can respond when the builder cannot or will not finish or fix the work.
House and land in Somerville
Building on a new lot, step by step
From signing for the land to moving in. We review both contracts and explain each stage, in English or in Polish.
01
The land contract
If the lot is not yet titled, it is an off-the-plan contract. We check the deposit, the plan of subdivision, the registration deadline and any sunset clause.
02
Estate rules
We check the covenants, restrictions and design guidelines that apply to the lot, so your plans comply before they are drawn.
03
The building contract
We review the building contract before you sign. You can usually withdraw within 5 clear business days after receiving a signed copy.
04
Land settlement
Once the plan is registered, the land settles and construction can start. We work with your lender so the land settlement and the construction loan line up.
05
Handover
Final payment is not due until the work is complete and you have the occupancy permit or certificate of final inspection. List any defects in writing.
How we work
One lawyer, start to finish
Radek Dajer acts on your matter personally, from the first meeting to the final document, settlement or hearing.
Costs in writing
Before any work starts, we tell you in writing how we will charge and give you an estimate, and we update it if things change.
English or Polish
Meetings, advice and explanations of documents in English or in Polish.
Close to Somerville
About 20 minutes from Somerville via the Frankston-Flinders Road, or by train on the Stony Point line.
Visit us from Somerville
435 Nepean Highway, Frankston VIC 3199
Monday to Friday, 9:00am to 6:00pm, by appointment
From Somerville
About 20 minutes by car via the Frankston-Flinders Road.
By train
The Stony Point line runs from Somerville and Baxter to Frankston station, a short walk from our office.
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.
For a major domestic building contract, you can usually withdraw by signed written notice within 5 clear business days after receiving a copy of the signed contract. The builder may keep $100 plus approved out-of-pocket expenses and must refund the rest. Some exceptions apply, so act quickly.
Find the Home Warranty notice of cover or domestic building insurance certificate for your job, and get advice before engaging another builder. Depending on when the contract was signed, you may be able to claim for incomplete or defective work.
First home buyers pay no land transfer duty on homes up to $600,000 and reduced duty up to $750,000, and other concessions apply to some homes and off-the-plan purchases. We calculate the duty and claim any concession you are entitled to.
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.
Married couples must apply to the court within 12 months after their divorce takes effect. De facto couples must apply within 2 years after the relationship ends. It is often easier to settle early, while records are available.
Yes. Radek Dajer speaks Polish and can take your instructions and explain your documents in Polish. See our Polish-language services.
Building and family insights
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Talk to us about your Somerville matter
Tell us briefly what has happened or what you are planning. We will explain your options, the next steps and how we charge. Call 1800 776 529 or send us a message, Monday to Friday, 9:00am to 6:00pm.
