Our Practice Areas
Lawyers in Frankston & Melbourne
Boutique Legal Expertise. Local Commitment.
Professional Edge Lawyers is a boutique law firm based in Frankston, serving clients across Frankston, Melbourne, the Mornington Peninsula, and greater Victoria. As experienced lawyers in Frankston, we provide practical, results-driven legal advice across a broad range of practice areas.
Whether you are buying property, resolving a commercial dispute, planning your estate, or navigating a family law matter, we bring the expertise of a larger firm with the personalised service of a dedicated local practice.
How we can assist you:
Whether you are a lender, borrower, or guarantor, we act for all parties in banking and finance disputes, including contested loan defaults, mortgage enforcement, and guarantee claims.
- Banking & Finance Disputes: We represent parties in both litigated and negotiated disputes arising from loan agreements, mortgages, and guarantees, including proceedings in the County Court of Victoria and Supreme Court of Victoria.
- Letters of Demand & Default Notices: We draft and serve formal demands and default notices that comply with contractual requirements and the National Credit Code, as a result, establishing the foundation for enforcement action.
- Possession Proceedings: We initiate and defend proceedings for possession of security properties, consequently, managing the process from notice through to warrant execution.
- Debt Recovery & Judgment Enforcement: We file proceedings to recover debts arising from loan agreements and guarantees, and pursue default and summary judgments where the claim is clear.
- Guarantee Disputes: We advise guarantors on their rights and exposure, and act in disputes where guarantees are being called upon, including claims for unconscionability or misrepresentation. Our lawyers in Frankston advise on all banking disputes.
We draft, review, and negotiate loan and security documentation for lenders, borrowers, and investors across a range of finance transactions.
- Loan Agreements & Security Documents: We prepare and negotiate loan agreements, mortgages, general security agreements, and guarantees, ensuring terms are commercially sound and legally enforceable.
- Debt Facilities & Lending Arrangements: We advise individuals, companies, and investors on the structure and documentation of debt facilities, convertible notes, and other lending arrangements.
- PPSA & PPSR: We advise on registration and enforcement of security interests under the Personal Property Securities Act 2009 (Cth) and manage registrations on the Personal Property Securities Register.
In most cases, when signing loan documents, lenders will require borrowers and guarantors to obtain independent legal advice and a solicitor’s certificate. We provide this service and ensure you understand what you are signing.
- Independent Legal Advice: We explain the effect of loan documents, mortgages, and guarantees in plain language, ensuring you understand the obligations and risks before signing.
- Guarantor Advice: We advise guarantors that they may be pursued by the lender even if the primary borrower is not, and explain the full extent of their exposure under the guarantee.
- Security Verification: We verify that the security is being registered against the correct property and that the loan terms, repayment obligations, and interest rates match what has been disclosed to you.
How we can assist you:
As building and construction lawyers in Frankston, we represent builders, developers, and building practitioners in disputes and regulatory matters under Victorian building legislation.
- Dispute Resolution & Litigation: We appear at the Domestic Building Dispute Resolution Victoria (DBDRV), the Domestic Building List at VCAT, the County Court of Victoria, and the Supreme Court of Victoria, handling compulsory conferences, hearings, and trials.
- Building Contracts: We draft, review, and negotiate building contracts in compliance with the Domestic Building Contracts Act 1995 (Vic), including major domestic building contracts and cost-plus agreements.
- Regulatory & Disciplinary Proceedings: We represent building practitioners facing show cause notices, registration disputes, and disciplinary proceedings before the Building and Plumbing Commission.
- Security of Payment Claims: We prosecute and defend claims under the Building and Construction Industry Security of Payment Act 2002 (Vic), for example, adjudication applications and enforcement of adjudication determinations.
- Defect Claims & Insurance: We manage claims for structural and cosmetic defects, in particular, the procurement of expert building reports and pursuit of claims against domestic building insurance.
As experienced lawyers in Frankston, we also act for home owners in disputes with builders, developers, and tradespeople, protecting your rights under Victorian consumer building legislation.
- Defective Building Work: We pursue claims for structural and cosmetic defects, for instance, incomplete work, water ingress, non-compliant construction, and failures to meet the Building Code of Australia.
- Contract Review & Advice: We review building contracts before you sign, advise on your rights under the Domestic Building Contracts Act 1995 (Vic), and negotiate variations and extensions of time.
- DBDRV, VCAT & Court Representation: We represent home owners at DBDRV conciliation conferences, VCAT hearings, and in the County Court of Victoria and Supreme Court of Victoria where the dispute warrants it.
- Insurance Claims: We assist with claims under domestic building insurance policies and against the insurers of building practitioners, including claims for incomplete or defective work following builder insolvency.
In addition, we handle a range of property-related disputes that fall outside standard domestic building claims.
- Boundary & Adverse Possession Disputes: We act in disputes over property boundaries, encroachments, and adverse possession claims under the Limitation of Actions Act 1958 (Vic) and the Transfer of Land Act 1958 (Vic).
- Fencing Disputes: We advise on rights and obligations under the Fences Act 1968 (Vic) and represent parties at VCAT in fencing disputes.
- Infrastructure & Development Agreements: We draft and negotiate consultancy, civil works, infrastructure, management, and development agreements for commercial projects.
- Compulsory Acquisition: We act for property owners facing proposed compulsory acquisitions under the Land Acquisition and Compensation Act 1986 (Vic), pursuing fair compensation. For documents required in overseas property transactions, see our Notary Public services.
- Owners Corporation Disputes: We advise lot owners and owners corporations on disputes arising under the Owners Corporations Act 2006 (Vic), including maintenance obligations, special levies, and rule enforcement.
- Nuisance & Water Claims: We handle claims in nuisance and under the Water Act 1989 (Vic), including water damage, drainage, and flow-on disputes between adjoining landowners.
How we can assist you:
As business lawyers in Frankston, we advise businesses at every stage — from incorporation and structuring through to day-to-day commercial operations and exit strategies.
- Business Structuring: We advise on the most appropriate structure for your business, whether that is a sole trader, partnership, company, trust, or a combination. Specifically, we consider asset protection, tax efficiency, and your long-term objectives.
- Commercial Contracts: We draft and review the contracts your business relies on, including supply agreements, service agreements, distribution agreements, and joint venture arrangements.
- Shareholder & Partnership Agreements: We prepare agreements that clearly define the rights, obligations, and exit mechanisms for business owners, therefore reducing the risk of future disputes.
- Business Sales & Acquisitions: We act for buyers and sellers in business transactions, handling due diligence, contract negotiation, restraint of trade clauses, and settlement.
- Regulatory Compliance: We advise on compliance with the Corporations Act 2001 (Cth), Australian Consumer Law, and industry-specific regulations relevant to your business. If a debtor owes your business money, see our dedicated debt recovery services.
Unfortunately, financial distress affects businesses and individuals alike. We advise directors, creditors, and individuals on their rights and obligations when a company or person is unable to meet their debts as they fall due.
- Director Obligations: We advise directors on their duties when a company approaches insolvency, including the prohibition on insolvent trading under the Corporations Act 2001 (Cth) and the safe harbour provisions available to directors who take appropriate action.
- Voluntary Administration: We advise directors considering placing a company into voluntary administration, and represent creditors and other stakeholders in the administration process, including at creditors’ meetings and in the negotiation of deeds of company arrangement.
- Creditor Rights: We act for secured and unsecured creditors seeking to recover debts from insolvent companies or individuals, including lodging proofs of debt, challenging voidable transactions, and enforcing security interests.
- Statutory Demands: We issue and respond to statutory demands under section 459E of the Corporations Act, and advise on applications to set aside statutory demands within the strict 21-day timeframe.
- Personal Insolvency: We advise individuals on bankruptcy, debt agreements, and personal insolvency agreements under the Bankruptcy Act 1966 (Cth), and represent creditors in personal insolvency proceedings.
- Restructuring & Turnaround: We advise businesses exploring options to restructure their operations and financial arrangements to avoid formal insolvency, including renegotiating finance facilities, supplier terms, and lease obligations.
Our Frankston lawyers handle company incorporation, business name registration, and the legal requirements of buying or selling a business.
- Company Incorporation: We incorporate companies with ASIC, obtain your Australian Company Number (ACN), and register for ABN, TFN, GST, and PAYG withholding.
- Business Name Registration: We register your business name and conduct searches to confirm availability and avoid conflicts with existing trademarks.
- Structural Advice: We advise on whether a single company, dual structure (holding and operating company), discretionary trust, or unit trust best suits your commercial objectives and risk profile.
- Buying a Business: We conduct due diligence, negotiate the sale contract, review employee entitlements and lease assignments, and manage settlement.
- Selling a Business: We prepare the business sale contract, vendor disclosure, and restraint of trade provisions, and advise on tax implications of the sale structure.
How we can assist you:
As commercial lawyers in Frankston, we draft commercial contracts and legal documents tailored to your business needs, above all, ensuring they are clear, enforceable, and protect your position.
- Shareholders & Partnership Agreements: Agreements that define ownership rights, decision-making, profit distribution, and exit mechanisms for business owners.
- Sale of Business Agreements: Contracts covering the purchase or sale of a business, including assets, goodwill, employees, and restraint of trade provisions.
- Service & Consultancy Agreements: Contracts defining the scope of services, deliverables, payment terms, liability, and intellectual property ownership.
- Loan & Finance Agreements: Documentation for lending arrangements between parties, including repayment terms, interest, security, and default provisions.
- Confidentiality & Non-Disclosure Agreements: Agreements protecting sensitive business information, trade secrets, and proprietary data shared between parties.
- Employment & Contractor Agreements: Contracts for employees, independent contractors, and subcontractors that comply with the Fair Work Act 2009 (Cth) and applicable Modern Awards.
- Distribution, Supply & Licence Agreements: Contracts governing the supply of goods, distribution arrangements, and the licensing of intellectual property and software.
Our Frankston lawyers also review existing contracts to identify risks, ambiguities, and opportunities for improvement before you sign or as disputes emerge.
- Risk Identification: We identify clauses that expose you to liability, unreasonable obligations, or unfavourable terms, and recommend amendments to protect your position.
- Compliance Review: We assess whether your contracts comply with current legislation, including the Australian Consumer Law, Competition and Consumer Act 2010 (Cth), and industry-specific regulations.
- Negotiation Support: We provide mark-ups and suggested amendments you can take back to the other party, or negotiate directly on your behalf.
- Dispute Preparation: Where a dispute has already arisen, we analyse the contract to assess the strength of your position and advise on the best course of action.
Our lawyers in Frankston also advise online businesses on the legal requirements of operating an e-commerce store in Australia, from terms and conditions through to privacy compliance.
- Website Terms & Conditions: We draft terms of sale, terms of use, and refund policies that comply with the Australian Consumer Law and protect your business from disputes.
- Privacy & Data Protection: We prepare privacy policies and advise on your obligations under the Privacy Act 1988 (Cth) and the Australian Privacy Principles, including data collection, storage, and cross-border disclosure.
- Consumer Guarantee Compliance: We advise on your obligations regarding consumer guarantees, including refund and replacement rights under the Australian Consumer Law.
- Supplier & Platform Agreements: We draft and review contracts with developers, payment processors, logistics providers, and marketplace platforms.
How we can assist you:
The Australian Consumer Law, contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), provides broad protections for consumers and imposes obligations on businesses.
- Consumer Guarantees: We advise on the consumer guarantee provisions, including the right to a repair, replacement, or refund for goods and services that fail to meet statutory guarantees.
- Misleading & Deceptive Conduct: We act for businesses and consumers in claims involving misleading or deceptive conduct in trade or commerce, including false representations about goods, services, and business operations.
- Unfair Contract Terms: We review and advise on standard form contracts to ensure compliance with the unfair contract terms provisions, and assist in challenging terms that create a significant imbalance. We also draft and review commercial contracts in the parties’ rights and obligations.
- Product Liability: We advise manufacturers, suppliers, and consumers on product liability claims arising from defective goods that cause injury, loss, or damage.
Competition law regulates business conduct to promote fair competition. As a result, non-compliance can result in significant penalties.
- Anti-Competitive Conduct: We advise on the prohibitions against cartel conduct, misuse of market power, exclusive dealing, and other anti-competitive practices under the Competition and Consumer Act 2010 (Cth).
- Compliance Programs: We assist businesses in developing and implementing competition law compliance programs to reduce the risk of inadvertent breaches.
- Mergers & Acquisitions: We advise on the competition law implications of proposed mergers, acquisitions, and joint ventures, including ACCC notification and authorisation processes.
Our Frankston lawyers represent consumers and businesses in disputes arising under the Australian Consumer Law, pursuing resolution through negotiation, tribunal proceedings, or court action.
- VCAT Consumer Claims: We represent clients at the Victorian Civil and Administrative Tribunal in consumer and trader disputes, including claims for compensation, refunds, and rectification orders.
- ACCC & Consumer Affairs Victoria Complaints: We assist clients in lodging complaints with the ACCC and Consumer Affairs Victoria, and in responding to regulatory investigations.
- Class Actions & Group Claims: We advise clients on their rights in relation to consumer class actions and representative proceedings involving defective products or misleading conduct.
How we can assist you:
As experienced conveyancing lawyers in Frankston, we act for buyers and sellers in residential property transactions across Victoria, handling every step from contract preparation through to settlement.
- Vendor Representation: We prepare the Contract of Sale and Section 32 Vendor Statement, advise on special conditions, and manage the transaction through to settlement.
- Purchaser Representation: We review the Contract of Sale and Section 32, advise on risks and conditions, and negotiate amendments to protect your interests before you sign.
- Finance & Mortgage Coordination: We liaise with your bank or financier to ensure mortgage documentation aligns with the contract and settlement timeline.
- Title Searches & Due Diligence: We conduct Certificate of Title searches, council and authority searches, and review planning overlays, easements, and covenants affecting the property.
- Settlement: We prepare settlement statements, calculate adjustments for rates, land tax, and water charges, handle Transfer of Land documentation, and attend settlement via PEXA (electronic settlement).
- Stamp Duty: We calculate and lodge stamp duty assessments with the State Revenue Office, for example, first home buyer and off-the-plan concession applications.
Our lawyers in Frankston also handle commercial property transactions for investors, owner-occupiers, and developers, including industrial, retail, and office properties.
- Commercial Due Diligence: We review leases, planning permits, environmental reports, and tenant arrangements, and advise on GST implications including the going concern and margin scheme provisions.
- Industrial & Retail Property: We act in the purchase and sale of factories, warehouses, retail shops, shopping centres, and service stations.
- Commercial Land & Development Sites: We handle acquisitions of development sites, including conditional contracts subject to planning approval, GAIC (Growth Areas Infrastructure Contribution), and section 173 agreements.
- Subdivisions: We manage the legal requirements of small and large-scale subdivisions, from plan registration through to individual lot sales and settlement.
How we can assist you:
As debt recovery lawyers in Frankston, we act for creditors and debtors at every stage of the debt recovery process, from initial demand through to enforcement of judgment.
- Letters of Demand: We draft and respond to formal letters of demand that set out the debt, the legal basis for the claim, and a reasonable timeframe for payment.
- Court Proceedings: Where negotiation fails, we commence proceedings in the Magistrates’ Court of Victoria, County Court of Victoria, or Supreme Court of Victoria to recover the debt, and defend clients against claims brought against them.
- Statutory Demands: We issue and respond to statutory demands under section 459E of the Corporations Act 2001 (Cth), and advise on applications to set aside demands within the strict 21-day deadline.
- Judgment Enforcement: Once judgment is obtained, we pursue enforcement through garnishee orders, warrants for seizure and sale of property, and instalment orders. See our dedicated debt recovery in Victoria page for more information, or contact our Frankston office to discuss your matter.
As debt recovery lawyers in Frankston, a judgment in your favour is only as good as your ability to enforce it. We pursue recovery of judgment debts through all available legal mechanisms.
- Garnishee Orders: Court orders requiring the debtor’s employer or bank to redirect wages or funds directly to you until the debt is satisfied.
- Warrants for Seizure & Sale: We obtain warrants authorising the Sheriff to seize and sell the debtor’s personal property and real estate to satisfy the judgment debt.
- Examination Summons: We compel the debtor to attend court and disclose their assets, income, and liabilities under oath, enabling targeted enforcement action.
- Bankruptcy & Winding Up: Where the debt exceeds the statutory threshold, we issue bankruptcy notices against individuals or commence winding-up proceedings against companies as a final enforcement measure.
How we can assist you:
Defamation law in Australia is governed by the uniform Defamation Acts across all states and territories. We act for both plaintiffs bringing defamation claims and defendants responding to them.
- Issuing Concerns Notices: Before commencing defamation proceedings, the law requires a concerns notice to be served on the publisher. We draft and serve concerns notices that clearly identify the defamatory material and the harm caused.
- Defamation Proceedings: Where a concerns notice does not resolve the matter, we commence proceedings seeking damages, injunctions, and corrections in the County Court of Victoria and Supreme Court of Victoria.
- Defending Defamation Claims: We advise publishers and individuals who have been served with concerns notices or defamation proceedings, assessing the available defences including truth, honest opinion, qualified privilege, and innocent dissemination.
- Damages Assessment: We advise on the types of damages recoverable in defamation proceedings, including general damages, aggravated damages, and special damages for economic loss.
Defamatory content published online can spread rapidly and cause significant reputational harm. We assist clients in addressing online defamation across all platforms.
- Takedown Requests: We contact platforms and publishers to demand removal of defamatory material, using the platform’s own reporting mechanisms and formal legal demands.
- Identifying Anonymous Publishers: Where defamatory content has been published anonymously, we obtain preliminary discovery orders to identify the responsible person or entity.
- Google Review Disputes: We assist businesses in responding to false and defamatory online reviews, including formal requests to Google and other platforms for removal.
Protecting your personal or business reputation is essential. We provide strategic advice on managing reputational risk and responding to threats.
- Pre-Publication Advice: We advise clients who are aware that damaging material is about to be published, including applications for injunctions to restrain publication.
- Cease and Desist Correspondence: We issue formal demands to publishers to retract or correct false and damaging statements, setting out the legal consequences of continued publication.
- Apologies & Corrections: We negotiate public apologies, corrections, and retractions on behalf of clients, which may also mitigate damages in any subsequent proceedings.
How we can assist you:
Professional Edge Lawyers represents clients in civil and commercial disputes across all Victorian courts and tribunals.
- Court Representation: We appear on your behalf in the Magistrates’ Court of Victoria, County Court of Victoria, and Supreme Court of Victoria, as well as VCAT, handling interlocutory applications, mediations, hearings, and trials.
- Pre-Litigation Strategy: Many disputes are resolved before proceedings are issued. We assess the merits of your claim or defence, issue or respond to letters of demand, and negotiate settlements that protect your position.
- Contractual Disputes: We act for businesses and individuals in disputes arising from breached contracts, including claims for damages, specific performance, and injunctive relief.
- Partnership & Shareholder Disputes: We advise on disputes between business partners and company shareholders, including oppression claims, deadlock resolution, and winding-up applications.
- Costs Recovery: Where you are successful in litigation, we pursue recovery of your legal costs through costs assessment or agreement.
Litigation is not always the most effective path to a resolution. We advise clients on alternative dispute resolution options and represent them throughout the process.
- Mediation: We prepare you for mediation, attend as your legal representative, and negotiate favourable outcomes. Many disputes in VCAT and the courts require mediation before a hearing.
- Negotiation & Settlement: We conduct structured negotiations on your behalf, working towards commercially sensible outcomes that avoid the cost and uncertainty of trial.
- Arbitration: Where your contract requires arbitration, we represent you in arbitral proceedings and advise on enforcement of arbitral awards.
Some disputes require immediate court intervention to prevent irreparable harm. We have experience in urgent applications across Victorian courts.
- Interim & Interlocutory Injunctions: We apply to the court for urgent orders restraining a party from taking a particular action, or compelling them to act, pending a full hearing.
- Freezing Orders: Where there is a risk that assets will be dissipated before judgment, we apply for Mareva injunctions to preserve assets available for enforcement.
- Caveat Applications: We lodge, extend, and remove caveats over real property to protect your interests in property disputes, and represent clients in caveat removal proceedings.
How we can assist you:
A well-drafted employment contract protects both the employer and the employee by clearly defining the terms of the employment relationship. We draft and review contracts that comply with the Fair Work Act 2009 (Cth) and applicable Modern Awards.
- Employment Contracts: We prepare employment contracts for full-time, part-time, and casual employees, including terms covering remuneration, duties, leave entitlements, notice periods, and termination provisions.
- Executive & Senior Management Agreements: We draft agreements for senior employees that address performance incentives, share options, restraint of trade clauses, and confidentiality obligations.
- Restraint of Trade & Non-Compete Clauses: We draft enforceable restraint of trade, non-compete, and non-solicitation clauses that protect your business interests while remaining reasonable in scope, duration, and geography.
- Independent Contractor Agreements: We prepare contractor agreements that correctly define the relationship and minimise the risk of sham contracting claims, ensuring compliance with the independent contractor provisions of the Fair Work Act.
- Workplace Policies & Procedures: We draft workplace policies including codes of conduct, social media policies, flexible working arrangements, and grievance procedures that complement your employment contracts. Contact us to discuss your workplace requirements.
As employment lawyers in Frankston, we act for employers and employees in workplace disputes, pursuing resolution through negotiation, the Fair Work Commission, and the courts.
- Unfair Dismissal: We lodge and defend unfair dismissal applications at the Fair Work Commission, for example, representing clients at conciliation conferences and hearings.
- General Protections Claims: We act in claims involving adverse action taken against an employee for exercising a workplace right, including discrimination, temporary absence, and union membership.
- Underpayment & Wage Claims: We pursue and defend claims for unpaid wages, entitlements, and superannuation, including claims under Modern Awards and enterprise agreements.
- Termination Advice: We advise employers on lawful termination processes, including notice requirements, redundancy obligations, and the management of performance and misconduct, consequently minimising the risk of unfair dismissal and general protections claims.
- Restraint of Trade: We advise on the enforcement and defence of post-employment restraint of trade, non-compete, and non-solicitation clauses.
Our Frankston lawyers also advise employers and officers on their obligations under workplace health and safety legislation and represent parties in regulatory proceedings.
- WHS Compliance: We advise on obligations under the Occupational Health and Safety Act 2004 (Vic) and the Occupational Health and Safety Regulations 2017 (Vic), including the duties of employers, officers, and workers.
- Policy & Procedure Review: We review and draft workplace health and safety policies, anti-discrimination and harassment policies, and return-to-work procedures to ensure compliance with current legislation.
- WorkSafe Investigations: We represent employers and officers in WorkSafe Victoria investigations, improvement and prohibition notices, and prosecutions for workplace safety breaches.
- Due Diligence for Officers: We advise company directors and officers on their personal due diligence obligations and how to demonstrate reasonable steps to ensure compliance, thereby reducing the risk of personal liability.
How we can assist you:
Above all, we guide clients through the legal process of separation and divorce, providing practical advice at a difficult time.
- Divorce Applications: We prepare and file divorce applications with the Federal Circuit and Family Court of Australia, ensuring all requirements under the Family Law Act 1975 (Cth) are met.
- Separation Advice: We advise on the legal implications of separation, including your rights and obligations regarding property, children, and financial support from the date of separation.
- Binding Financial Agreements: We draft and review binding financial agreements (pre-nuptial and post-nuptial) that protect your assets in the event of relationship breakdown. Contact our lawyers in Frankston to discuss your family law matter.
We assist with the division of assets and liabilities following separation, with the aim of achieving a fair and equitable outcome.
- Asset Pool Identification: We identify and value all assets of the relationship including real property, superannuation, business interests, trusts, and personal property.
- Negotiation & Settlement: We negotiate property settlements on your behalf and formalise agreements through consent orders or binding financial agreements lodged with the court.
- Superannuation Splitting: We advise on the splitting of superannuation interests, including the preparation of superannuation information requests and splitting orders.
As family lawyers in Frankston, we assist parents in reaching parenting arrangements that prioritise the best interests of the child.
- Parenting Plans & Orders: We draft parenting plans and apply for parenting orders dealing with who a child lives with, time spent with each parent, and parental responsibility for major decisions.
- Relocation Applications: We advise and act in matters where a parent proposes to relocate with a child, whether interstate or internationally.
- Child Support: We advise on child support assessments, agreements, and variations, including applications to the Administrative Appeals Tribunal for departure from the child support formula.
How we can assist you:
A registered trademark is one of the most valuable assets a business can hold. We assist clients throughout the trademark registration process and in protecting their marks from infringement.
- Trademark Searches & Applications: We conduct comprehensive trademark searches to assess the availability of your proposed mark, and prepare and file applications with IP Australia on your behalf.
- Opposition Proceedings: We represent applicants and opponents in trademark opposition proceedings before IP Australia, including responding to examination reports and adverse third-party objections.
- Trademark Enforcement: We issue cease and desist notices and commence proceedings against parties who infringe your registered trademarks, seeking injunctions, damages, or accounts of profits.
- Portfolio Management: We advise on maintaining and renewing trademark registrations, and on strategies for building and protecting a trademark portfolio as your business grows.
Intellectual property extends beyond trademarks. We advise businesses on identifying, protecting, and commercialising their IP assets across all categories.
- IP Audits: We conduct audits of your business to identify protectable intellectual property, including trademarks, copyright, designs, trade secrets, and confidential information.
- Licensing Agreements: We draft and negotiate IP licence agreements, ensuring that the terms of use, royalty arrangements, and territorial restrictions are clearly defined and enforceable.
- Confidentiality & Non-Disclosure Agreements: We prepare NDAs and confidentiality agreements to protect trade secrets and sensitive business information in commercial dealings.
- Copyright Advice: We advise creators, publishers, and businesses on copyright ownership, moral rights, licensing, and infringement under the Copyright Act 1968 (Cth).
When intellectual property rights are infringed, prompt legal action is essential. We represent clients in IP disputes across courts and tribunals.
- Infringement Proceedings: We commence and defend infringement proceedings in the Federal Court and Federal Circuit Court for trademarks, copyright, designs, and patents.
- Passing Off & Misleading Conduct: Where unregistered IP is misappropriated, we bring claims for passing off and misleading or deceptive conduct under the Australian Consumer Law.
- Domain Name Disputes: We assist clients in resolving domain name disputes through the .au Dispute Resolution Policy and UDRP proceedings.
How we can assist you:
As probate lawyers in Frankston, when a person dies leaving a will, the executor must obtain a Grant of Probate from the Supreme Court of Victoria before the estate can be administered.
- Grant of Probate: We prepare and file probate applications with the Probate Office of the Supreme Court of Victoria of Victoria, in particular, all required affidavits, the original will, and the death certificate.
- Letters of Administration: Where a person dies without a valid will (intestate), we apply for Letters of Administration on behalf of the next of kin entitled to administer the estate under the Administration and Probate Act 1958 (Vic).
- Contested Probate: We act in disputes over the validity of a will, including challenges based on testamentary capacity, undue influence, fraud, and non-compliance with formal execution requirements.
Our Frankston lawyers assist executors — after probate is granted, the executor or administrator must collect the assets, pay debts and liabilities, and distribute the estate to the beneficiaries.
- Asset Collection: We assist executors in identifying and collecting estate assets, such as real property, bank accounts, shares, superannuation death benefits, and personal property.
- Debt & Liability Management: We advise on the payment of funeral expenses, debts, tax liabilities, and outstanding obligations from the estate, including lodging final tax returns with the ATO.
- Distribution to Beneficiaries: We prepare distribution statements, obtain beneficiary releases, and manage the transfer of assets including real property transfers and share transfers.
- Executor Advice: We advise executors on their duties, powers, and personal liability, including their obligations to act in the best interests of the beneficiaries and to administer the estate within a reasonable time.
Our lawyers in Frankston act when estate disputes arise between family members, beneficiaries, and executors. We act for claimants and defendants in contested estate matters.
- Family Provision Claims (Part IV): We act for eligible persons seeking further provision from an estate under Part IV of the Administration and Probate Act 1958 (Vic), and for executors defending such claims.
- Will Disputes: We challenge and defend wills on grounds of testamentary capacity, knowledge and approval, undue influence, and forgery.
- Executor Disputes: We act in applications to remove executors, compel executors to account, or appoint substitute administrators where an executor has failed to act or has acted improperly.
How we can assist you:
As property lawyers in Frankston, we advise developers on the legal requirements of residential and commercial development projects in Victoria.
- Planning & Permits: We advise on the planning permit process, review permit conditions, and represent developers at VCAT in planning appeals and enforcement proceedings.
- Development Agreements: We draft and negotiate joint venture agreements, development management agreements, and profit-sharing arrangements between landowners and developers.
- Section 173 Agreements: We negotiate and prepare section 173 agreements with councils under the Planning and Environment Act 1987 (Vic), and, as a consequence, advise on their implications for future dealings with the land.
- GAIC & Infrastructure Contributions: We advise on Growth Areas Infrastructure Contribution (GAIC) obligations and negotiate infrastructure contribution plans with relevant authorities.
Our Frankston lawyers also manage the legal requirements of subdividing land in Victoria, from initial planning through to registration and sale of individual lots.
- Subdivision Applications: We advise on the planning and legal requirements for two-lot, multi-lot, and staged subdivisions, and prepare the necessary documentation for lodgement with the council and Land Registry.
- Plan of Subdivision: We coordinate with licensed surveyors to prepare and certify the plan of subdivision, and subsequently manage the certification and registration process with Land Use Victoria.
- Owners Corporation Setup: Where the subdivision creates common property, we establish the owners corporation, prepare rules, and register the owners corporation plan.
- Lot Sales & Settlement: We prepare contracts of sale for individual lots, handle pre-settlement requirements including statement of compliance, and manage settlement for each lot.
Similarly, we act for developers and purchasers in off-the-plan apartment and townhouse transactions.
- Developer Representation: We prepare off-the-plan contracts of sale, section 32 statements, and disclosure statements that comply with the Sale of Land Act 1962 (Vic), including sunset clause provisions.
- Purchaser Representation: We review off-the-plan contracts, advise on cooling-off rights, sunset clauses, and deposit protections, and negotiate amendments to special conditions.
- Sunset Clause Disputes: We advise on the rescission provisions under the Sale of Land Act, including applications for Supreme Court of Victoria orders where a vendor seeks to invoke a sunset clause.
How we can assist you:
As leasing lawyers in Frankston, we provide advice across all retail and commercial leasing matters, from lease preparation through to dispute resolution and enforcement.
- Lease Preparation: We draft retail and commercial leases that comply with the Retail Leases Act 2003 (Vic), for example, rent review provisions, permitted use clauses, make-good obligations, and option terms.
- Disclosure Statements: We prepare the landlord’s disclosure statement required under the Retail Leases Act before entering into a new retail lease or renewing an existing one.
- Lease Enforcement: We issue breach notices, negotiate remedies, and commence proceedings at VCAT or in the courts where a tenant has breached the lease, including recovery of unpaid rent and outgoings.
- Assignment & Subletting: We advise on tenant requests to assign the lease or sublet the premises, and prepare the necessary consent documentation and deeds of assignment.
Our Frankston lawyers also advise tenants on their rights and obligations under retail and commercial leases, and act in disputes with landlords.
- Lease Review & Negotiation: We review proposed lease terms before you sign, in particular, identify unfavourable clauses, and negotiate amendments to rent, outgoings, make-good, and option provisions.
- Tenant’s Disclosure Statement: We prepare the tenant’s disclosure statement required under the Retail Leases Act 2003 (Vic) and advise on pre-lease obligations.
- Rent Review Disputes: We advise on market rent reviews, CPI reviews, and fixed percentage increases, and represent tenants in disputes over the determination of current market rent.
- End of Lease & Make-Good: We advise on your make-good obligations at lease expiry, negotiate the scope of required works, and dispute unreasonable make-good claims by landlords.
As commercial leasing lawyers in Frankston, we represent landlords and tenants in retail and commercial lease disputes, pursuing resolution through negotiation, mediation, VCAT, or court proceedings.
- Breach & Termination: We advise on the service of breach notices, the right to re-enter premises, and the validity of lease termination, and represent parties in proceedings arising from disputed terminations.
- VCAT Proceedings: We represent parties at the Victorian Civil and Administrative Tribunal in disputes arising under the Retail Leases Act 2003 (Vic), including claims for compensation, injunctions, and declarations.
- Outgoings & Rent Disputes: We act in disputes over the recovery of outgoings, the accuracy of outgoings estimates and reconciliations, and the calculation of rent under review mechanisms.
How we can assist you:
As wills and estate lawyers in Frankston, a properly drafted will is the foundation of any estate plan. We prepare wills that clearly express your wishes and minimise the risk of future disputes.
- Wills: We draft wills for individuals and couples, for example, covering the appointment of executors, specific gifts, residuary bequests, guardianship of minor children, and funeral wishes. We ensure your will complies with the formal requirements of the Wills Act 1997 (Vic).
- Codicils: Where a minor change is needed to an existing will, we prepare codicils that amend specific provisions without revoking the entire document.
- Testamentary Trusts: We draft wills that establish testamentary trusts for the benefit of minor children, vulnerable beneficiaries, or for tax planning purposes, providing asset protection and control over how and when assets are distributed. For information about administering an estate after death, see our probate and estate administration services.
- Blended Family Wills: We advise on estate planning strategies for blended families, including the use of life interests, protective trusts, and mutual wills to balance the competing interests of a surviving spouse and children from prior relationships.
As estate planning lawyers in Frankston, a power of attorney allows you to appoint a trusted person to make financial or personal decisions on your behalf if you lose capacity or are unavailable.
- Enduring Power of Attorney (Financial): We prepare enduring powers of attorney that authorise your appointed attorney to manage your financial affairs, including banking, property transactions, and investments, in the event that you lose decision-making capacity.
- General Power of Attorney: We prepare general powers of attorney for specific purposes, such as authorising someone to act on your behalf while you are overseas or temporarily unavailable.
- Medical Treatment Decision Maker: We prepare appointments of medical treatment decision makers under the Medical Treatment Planning and Decisions Act 2016 (Vic), thereby allowing you to appoint a person to make medical decisions on your behalf if you cannot.
- Advance Care Directives: We assist in preparing advance care directives that record your preferences for future medical treatment, ensuring your wishes are known and respected.
Importantly, effective estate planning goes beyond a will. We help you structure your affairs to protect your assets, minimise tax, and provide for your family.
- Superannuation & Death Benefits: We advise on binding death benefit nominations, reversionary pension nominations, and the tax implications of superannuation death benefits for dependants and non-dependants.
- Asset Protection: We advise on strategies to protect assets from potential future creditors, litigation, and family provision claims, for instance, the use of trusts, corporate structures, and insurance.
- Tax-Effective Structures: Working with your accountant, we advise on the use of testamentary trusts, family trusts, and other structures to minimise the tax impact on your estate and its beneficiaries.
- Business Succession: We prepare succession plans for business owners, such as buy-sell agreements, shareholder put and call options, and key person insurance arrangements that ensure the business can continue operating after your death or incapacity.
- Regular Reviews: We recommend reviewing your will and estate plan after major life events — marriage, divorce, the birth of children, acquisition of significant assets, or changes in the law — to ensure your documents remain current and effective. Contact us to arrange a review.