Areas we serve / South-east Melbourne / Mordialloc, Parkdale and Aspendale
Lawyers and solicitors for Mordialloc, Parkdale and Aspendale
Townhouses and subdivisions, shop leases, buying and selling, wills and family law for Mordialloc, Parkdale, Aspendale, Aspendale Gardens and Waterways clients, from our Frankston office about 15 to 25 minutes away.
How we help Mordialloc, Parkdale and Aspendale clients
Choose what you need help with. Each one opens the detail further down this page.
Legal services for Mordialloc, Parkdale and Aspendale clients
Mordialloc sits at the mouth of Mordialloc Creek, where the pier and the sailing club stand, and it is one of Kingston’s six major activity centres. New rail bridges have replaced most of the level crossings: a new Parkdale station opened in 2024 and the elevated Mordialloc station in May 2026. Aspendale takes its name from Aspen, a mare that won the Newmarket Handicap in 1880 and 1881, while Aspendale Gardens and Waterways are newer estates inland, near the Mordialloc Freeway.
We act for buyers and sellers of townhouses and family homes, for owners subdividing, for landlords and tenants of shops, and for families with wills, estates or a separation. Radek Dajer, our principal solicitor, acts personally on each matter, in English or in Polish. The Frankston line runs from Parkdale, Mordialloc and Aspendale to Frankston station, a short walk from our office, and we also meet by video.
Local note
Groves Street in Aspendale is still to be removed: the rail line is to be lowered into a trench under the road, with a new Aspendale station.
Property, leases, wills and family law in Mordialloc, Parkdale and Aspendale
Choose a topic to see what it involves and how we help.
Townhouse developments and two or three-lot subdivisions have replaced many older houses in Mordialloc and Parkdale. At the 2021 Census, 45.6% of Mordialloc homes were townhouses or semi-detached.
- Covenants: some older subdivisions carry restrictive covenants on title, for example limiting the number of dwellings. A covenant can prevent a subdivision unless it is removed or varied.
- Zones: Kingston’s residential zones were replaced through Amendment C203, approved in 2024. It directs more housing growth towards activity centres and sets controls on building heights, setbacks and landscaping, so the zone that applies to your land shapes what you can build.
- Owners corporations: units and townhouses with common property are managed by an owners corporation. Read the rules, the fees and any special levies before you sign.
- 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.
Retail leases for the shops, cafés and service businesses of Main Street, Mordialloc and Como Parade, Parkdale, for landlords and tenants.
- Disclosure: for a retail lease, the landlord must give the tenant the Small Business Commission’s information brochure when negotiations start, and a disclosure statement and the proposed lease at least 14 days before the lease is entered into.
- Retail or not: the Retail Leases Act 2003 (Vic) covers many shops and service businesses. Offices, warehouses and factories are often outside it, and then the lease itself governs.
- Variation: a deed of variation for changes to rent, term, permitted use or area, with advice on whether the change affects disclosure, an option or a guarantor.
- Make-good: the obligation to return the premises to a defined condition varies widely between leases, and the cost can be substantial.
Contract and section 32 review, auctions and private sales, and settlement for homes and units in Mordialloc, Parkdale, Aspendale, Aspendale Gardens and Waterways.
- 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.
- Flood overlays: in Kingston, the Land Subject to Inundation Overlay covers land affected by flooding from a waterway, and the Special Building Overlay covers overland flow from the drainage system. Buildings and works on affected land generally need a planning permit, and the relevant authority’s report and consent before a building permit issues.
Wills, powers of attorney and medical treatment decision makers, and retirement village contracts, including for residents of Aspendale Gardens’ retirement village.
- 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).
- The contract: retirement village contracts in Victoria are governed by the Retirement Villages Act 1986 (Vic). Read the village’s information statement and the contract before you sign, especially the exit fee (deferred management fee), which is often deducted from what you get back when you leave. New rules that started on 1 May 2026 limit how that fee can be calculated and set a maximum time for paying out exit entitlements, so check which rules apply to your contract.
Separation, property settlement and parenting arrangements, including where the family home carries a large mortgage.
- 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.
- Parenting: before applying for parenting orders you generally need a certificate from a family dispute resolution practitioner, unless an exception applies, such as family violence, child abuse or urgency.
Subdividing your block?
Before you commit to plans, we check the title for covenants and easements, and the zone and overlays that apply. We then act on the contracts for the new lots.
Buying in Mordialloc
Buying a home, step by step
What happens from the first look at the contract to getting the keys. We explain each step as it comes, in English or in Polish.
01
Contract review
We review the contract and the section 32 statement, including the zone, overlays and any covenant on title, and suggest changes while you can still negotiate.
02
Cooling-off
For many private sales of residential property you have 3 clear business days to end the contract. There is none at a publicly advertised auction.
03
Finance
We work with your lender so the loan approval, the mortgage documents and the settlement date line up with the contract.
04
Duty and adjustments
We calculate land transfer duty and any concession, and the adjustments for council rates, water and owners corporation fees.
05
Settlement
The balance and the duty are paid and the transfer is lodged through an electronic platform such as PEXA. Once settlement is confirmed, the agent can release the keys.
How we work
Visit us from Mordialloc and Aspendale
435 Nepean Highway, Frankston VIC 3199
Monday to Friday, 9:00am to 6:00pm, by appointment
From Mordialloc, Parkdale and Aspendale
About 15 to 25 minutes by car along the Nepean Highway, or via the Mordialloc Freeway from Aspendale Gardens and Waterways.
By train
From Parkdale, Mordialloc or Aspendale station on 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 the zone, any overlays and any restrictive covenant on the title. A covenant can prevent a subdivision unless it is removed or varied. We check the title and the planning controls before you commit to plans.
Check the option clause and its deadline now. Under a retail lease the landlord must remind you at least 3 months before the option closes, but under other leases a missed deadline can cost you the option. We review the lease and negotiate any new terms.
A Magistrates’ Court matter generally goes to the court closest to where it arose or where the other party lives, which for Mordialloc, Parkdale and Aspendale is usually the Moorabbin Justice Centre in Highett, and for some inland addresses, such as in Aspendale Gardens and Waterways, may be Dandenong. Objector appeals and appeals about permit conditions in Kingston are usually heard at VCAT Frankston, near our office.
If you are an eligible person, you may be able to make a family provision claim, which must generally be filed within 6 months after the grant of probate. A will can also be challenged if there are doubts about how it was made or signed. Get advice early, because the time limit is strict. See probate and estate administration.
Our office is at 435 Nepean Highway, Frankston, about 15 to 25 minutes by car from Mordialloc, Parkdale and Aspendale, or about 20 minutes by train. Much of the work can be done by phone, video and email.
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 Mordialloc, Parkdale or Aspendale 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.