Areas we serve / South-east Melbourne / Clyde North and Clyde
Lawyers and solicitors for Clyde North and Clyde
House and land, building contracts and defects, first homes, wills for young families and family law for Clyde North and Clyde clients, from our Frankston office about 30 to 35 minutes away.
How we help Clyde North and Clyde clients
Choose what you need help with. Each one opens the detail further down this page.
Legal services for Clyde North and Clyde clients
Clyde grew as a farming district on sandy loam that is still part of Melbourne’s food bowl, and when the railway to Tooradin opened in 1888, a new Clyde formed around the station and the old township became Clyde North. Both are now built under precinct structure plans: the Clyde North plan provides for about 6,605 homes and the Clyde Creek plan for more than 13,000. Clyde North had 31,681 residents at the 2021 Census, and at both suburbs the median age was 30.
We act for first home buyers and families buying land and building, for owners with a building dispute or defects, and for young families with wills or a separation. Radek Dajer, our principal solicitor, acts personally on each matter, in English or in Polish. Casey has the second-largest Polish community of any Victorian council, and we meet at our Frankston office or by video.
Local note
In the growth precincts of Clyde North and Clyde, a Community Infrastructure Levy applies to most new homes and must be paid before the building permit can be issued.
House and land, building, first homes and family law in Clyde North and Clyde
Choose a topic to see what it involves and how we help.
Buying a lot in a Clyde North or Clyde estate, often before the title issues, and a separate contract to build.
- Off-the-plan: the deposit is capped at 10% and held in trust until registration, and buyers have rights if the plan changes materially or is not registered in time.
- Sunset clauses: a developer cannot end a residential off-the-plan contract under a sunset clause just because the date has passed. It must give each buyer at least 28 days’ written notice with reasons and obtain their written consent, or apply to the Supreme Court.
- Precinct structure plans: most new estates in the growth areas of Casey and Cardinia are planned under a precinct structure plan. It forms part of the planning scheme and sets out how the land is expected to be developed and where roads, services and infrastructure will go, and planning permits must generally follow it.
- Community Infrastructure Levy: in the growth precincts of Clyde North and Clyde, this one-off levy set by the state applies to most new dwellings and must be paid before the building permit is issued. Check whether your building contract makes it your cost.
Building contracts for new homes, progress payments, variations, delays and defects, for owners.
- Changing your mind: 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.
- Variations: a change to the plans or specifications in a major domestic building contract must be recorded in writing and signed. A builder who does not follow the process may be unable to recover the cost.
- Statutory warranties: every domestic building contract includes warranties that the work will be done in a proper and workmanlike manner, with good and suitable materials, in line with the plans and the law, and with reasonable care and skill.
- 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.
- 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 when it starts. Check which rules apply before you sign.
At the 2021 Census about two-thirds of homes in Clyde North and Clyde were owned with a mortgage. We line up the contract, the loan and any grant or concession.
- First home buyers: pay no land transfer duty on homes up to $600,000 and reduced duty up to $750,000. A $10,000 first home owner grant may apply to a new home valued at $750,000 or less.
- 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.
- Estate rules: covenants, restrictions and design guidelines can control the house design, fencing and materials. Check them before your plans are drawn.
Selling or developing larger landholdings in the growth area, in Clyde and the precincts to the south.
- Growth areas infrastructure contribution: in parts of Casey and the other growth area councils, this state contribution can apply when certain larger areas of land are bought or developed, and it is collected by the State Revenue Office.
- Precincts still in planning: the Victorian Planning Authority is preparing a precinct structure plan for Clyde South, and the Casey Fields South employment precinct awaits the Minister’s decision.
- Sales to developers: sales of farmland to developers often use options or conditional contracts. We review the terms, including any planning conditions, before you sign.
Wills for parents with young children, and separation, property settlement and parenting arrangements.
- 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).
- 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.
- Consent orders: once you agree, the court can make your agreement into binding orders, usually without anyone attending court.
Two contracts, one home
With house and land, the land contract and the building contract are separate. We review both before you sign either, and line up the land settlement with your construction loan.
House and land in Clyde North
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
Visit us from Clyde North and Clyde
435 Nepean Highway, Frankston VIC 3199
Monday to Friday, 9:00am to 6:00pm, by appointment
From Clyde North and Clyde
About 30 to 35 minutes by car.
By bus
Route 791 runs between Cranbourne station and 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 is an off-the-plan contract. We check the deposit, the plan of subdivision, the registration deadline and any sunset clause, and the covenants, restrictions and design guidelines that apply to the lot, so your plans comply before they are drawn.
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.
For most new homes in the Clyde North and Clyde growth precincts, the levy is set by the state and must be paid before a building permit can be issued. Building contracts deal with it in different ways, so check yours before you sign. We review the contract with you.
Yes, review it promptly. Separation alone does not revoke your will or a gift to your former partner. Divorce revokes gifts to a former spouse and their appointment as executor, but only once the divorce takes effect. Check your superannuation nominations too.
Our office is at 435 Nepean Highway, Frankston, about 30 to 35 minutes by car from Clyde North and Clyde. 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 Clyde North or Clyde 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.