Areas we serve / South-east Melbourne / Berwick and Narre Warren
Lawyers and solicitors for Berwick and Narre Warren
Buying, selling and downsizing, wills, powers of attorney, estates and family law for Berwick and Narre Warren clients, from our Frankston office about 30 to 35 minutes away.
What we do for Berwick and Narre Warren clients
Choose what you need help with. Each one opens the detail further down this page.
Legal services for Berwick and Narre Warren clients
Berwick grew around a village High Street with a number of heritage buildings, and Casey Hospital is on its southern side. Narre Warren is home to the City of Casey’s offices at Bunjil Place and the Fountain Gate shopping centre. Both are established family suburbs on the Pakenham line.
We act for Berwick and Narre Warren families buying and selling, for people moving to a smaller home, and for those planning their estates, looking after a parent’s affairs or separating. 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
The City of Casey’s main customer service centre is at Bunjil Place, 2 Patrick Northeast Drive, Narre Warren.
Property, wills and family law in Berwick and Narre Warren
Choose a topic to see what it involves and how we help.
Contract and section 32 review, auctions and private sales, and settlement for homes and units in Berwick and Narre Warren.
- Before you sign: we check the contract, the section 32 statement and the planning controls on the land, including any overlay, and suggest changes while you can still negotiate.
- 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.
- Selling: most sellers now need an Australian Taxation Office clearance certificate by settlement, whatever the price. Apply early, because it can take some weeks to issue.
- Berwick village: several buildings on High Street, and the High Street Avenue of Honour, are covered by the Heritage Overlay in the Casey Planning Scheme, so building work and changes to those properties can need a planning permit. The planning property report shows whether the overlay applies.
Selling the family home and buying something smaller, often at the same time.
- Two contracts: selling and buying at once means two settlement dates. We line them up, or negotiate the dates, so you are not left with two homes or none.
- Duty: land transfer duty is assessed on the purchase, and concessions apply to some homes, including for pensioners. We check whether you qualify.
- Units and townhouses: many smaller homes are part of an owners corporation. Read the rules, the fees and any special levies before you sign.
- Aged care and retirement villages: when a parent moves into aged care or a retirement village, the sale, the power of attorney and any effect on the pension need to line up. We work with your accountant and family on the timing.
Wills, testamentary trusts, enduring powers of attorney and medical treatment decision makers, updated as your family changes.
- Wills: executors, gifts, guardians for young children and testamentary trusts, including for blended families.
- Enduring power of attorney: appoints someone to make financial or personal decisions for you, and continues if you lose capacity. Made under the Powers of Attorney Act 2014 (Vic).
- Medical treatment decision maker: the person who makes medical treatment decisions if you cannot, under the Medical Treatment Planning and Decisions Act 2016 (Vic).
- Superannuation: usually not covered by your will unless you have a valid binding death benefit nomination.
Probate and estate administration, family provision claims, and help when a parent can no longer manage.
- Executors: probate and administering the estate. Probate applications are filed online with the Supreme Court of Victoria.
- Family provision claims: must generally be filed within 6 months after the grant of probate or letters of administration.
- A parent who can no longer manage: if they made an enduring power of attorney, the attorney can act under it. If not, an application to VCAT for an administration or guardianship order may be needed.
Separation, divorce, property settlement and parenting arrangements.
- Separation and divorce: are separate legal steps under the Family Law Act 1975 (Cth). You do not need to be divorced to settle property or parenting arrangements, and a divorce does not settle them for you.
- Time limits: married couples must apply to the court within 12 months after their divorce takes effect, and de facto couples within 2 years after the relationship ends.
- Consent orders: once you agree, the court can make your agreement into binding orders, usually without anyone attending court.
- Courts: the Federal Circuit and Family Court of Australia has a registry at 53-55 Robinson Street, Dandenong.
Selling a parent’s home?
If the home was in a late parent’s sole name, the executor usually needs a grant of probate before the sale can settle. We can run the probate application and the sale together.
Downsizing in Berwick
Moving to a smaller home, step by step
From deciding to sell to settling into your new home. We handle both transactions and explain each step, in English or in Polish.
01
Plan the timing
Decide whether to sell first, buy first or do both together, and talk to your lender early if you may need bridging finance.
02
Prepare the sale
We prepare the contract of sale and the section 32 statement, and you apply for the tax clearance certificate most sellers now need by settlement.
03
Check the purchase
Before you sign for the new home, we review the contract, the section 32 statement and any owners corporation documents, and check the duty and any concession.
04
Line up settlements
We negotiate settlement dates so the sale settles on or before the purchase, and both go through an electronic platform such as PEXA.
05
Update your plans
A move is a good time to review your will, powers of attorney and superannuation nominations, so they match your new home and your family.
How we work
Visit us from Berwick and Narre Warren
435 Nepean Highway, Frankston VIC 3199
Monday to Friday, 9:00am to 6:00pm, by appointment
From Berwick and Narre Warren
About 30 to 35 minutes by car.
By train
Berwick and Narre Warren are on the Pakenham line. Change at Caulfield for the Frankston line 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.
It depends on your finances and the market. Selling first gives certainty about what you can spend; buying first secures the new home but may need bridging finance. We can negotiate settlement dates and conditions that reduce the risk either way.
Not always, but it is a good time to review it, together with your powers of attorney and superannuation nominations. Review your will after buying or selling significant assets, and otherwise every three to five years.
If they made an enduring power of attorney, the attorney can act under it. If not, and they have lost capacity, an application to VCAT for an administration or guardianship order may be needed.
A family provision claim must generally be filed within 6 months after the grant of probate or letters of administration. Get advice early, because the time limit is strict.
Our office is at 435 Nepean Highway, Frankston, about 30 to 35 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 page.
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Talk to us about your Berwick and Narre Warren 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 6:00pm.