Areas we serve / South-east Melbourne / Pakenham
Lawyers and solicitors for Pakenham
House and land, building contracts, flooding and planning, wills and family law for Pakenham and Officer clients, from our Frankston office about 35 to 45 minutes away.
What we do for Pakenham clients
Choose what you need help with. Each one opens the detail further down this page.
Legal services for Pakenham clients
Pakenham is the largest town in the Shire of Cardinia, with more than 54,000 residents at the 2021 Census and new estates still growing to the east. East Pakenham station opened in June 2024, and the government says the area around it is planned for about 7,200 new homes.
We act for families buying land and building, for buyers and sellers of established homes, and for families with wills and 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
Cardinia Shire Council’s Civic Centre is at 20 Siding Avenue, Officer.
Property, building, wills and family law in Pakenham
Choose a topic to see what it involves and how we help.
Land in a new estate and a separate building contract: two contracts, and usually two settlements.
- 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.
- 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.
Building contracts for new homes, variations, progress payments and defects.
- 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.
- 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.
Parts of Pakenham near its creeks are low-lying, and the flood mapping is being updated.
- Flood overlays: the Special Building Overlay and the Land Subject to Inundation Overlay generally require a planning permit for buildings and works, with Melbourne Water as the referral authority.
- Mapping under review: Melbourne Water is updating flood mapping for the Cardinia, Toomuc, Deep and Ararat Creeks, and a planning scheme amendment is planned once the maps are final. The controls on your land may change.
- 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.
Wills for young families, 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.
- 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.
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 Pakenham
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 Pakenham
435 Nepean Highway, Frankston VIC 3199
Monday to Friday, 9:00am to 6:00pm, by appointment
From Pakenham
About 35 to 45 minutes by car.
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.
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.
The planning property report for your address shows whether a Special Building Overlay or a Land Subject to Inundation Overlay applies. Flood mapping in Cardinia is being updated, so the controls may change. We check these controls as part of reviewing the contract, so ask us before you buy, build or extend.
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.
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 35 to 45 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 Pakenham 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.