Phillip specialises in Owners Corporations law, adverse possession and compulsory acquisition. He understands the unique nature of strata living and disputes and provides clients with a practical approach which is results driven.

Phillip Leaman has been recognised on the Best Lawyers List for 2019/2020 and 2020/2021 years in the category of Real Property Law.

Phillip has extensive expert knowledge and experience in:

Owners Corporations Law including acting in domestic building disputes for Owners Corporations

Phillip understands that most disputes involve lot owners who must live together after the dispute is over. Phillip provides practical and strategic advice to Owners Corporations in respect to all types of disputes concerning the Owners Corporations Act 2006, defect claims arising from original building works under the Domestic Building Contracts Act 1995 and disputes between lot owners, contractors and managers. He also assists Owners Corporations in governance and other property law advice required such as interpreting plans of subdivisions, leasing and licensing, adverse possession and dealing with managers and contractors. He acts for Owners Corporations in Victoria and the Australian Capital Territory.

 

Adverse possession and fence disputes

Phillip Leaman acted for the successful party in the leading adverse possession case in Victoria Abbatangelo v Whittlesea City Council (in seeking adverse possession) and the leading adverse possession case in Victoria Laming v Jennings (in defending a claim for adverse possession and lost modern grant easement) and has been involved in a substantial number of claims (acting on both sides of the fence) and claims at Land Use Victoria, Magistrates’ Court, County Court, Supreme Court, Court of Appeal and the High Court of Australia.

 

Compulsory acquisition

Phillip Leaman has acted for a substantial amount of compulsory acquisition matters on projects such as North East Link, East West Link, Level Crossing Removal Project, Sky rail, Melbourne Metro Rail Project, Dandenong to Caulfield Voluntary Purchase Scheme, council acquisitions for public open space, easements and other projects.

 

Acting for property developers on:
Structuring advice;
Documenting shareholder, unitholder, joint venture and partnership relationships;
Option deeds;
Development agreements;
Project Management Agreements;
VCAT planning permit applications;
Title issues;
Plans of Subdivision issues;
Loan facilities, mortgages and security interests on the Personal Property Securities Act Register;
Restrictive covenant issues;
Easement issues;
Caveat issues;
Service provider agreements;

 

Advising real estate agents on Estate Agent Act compliance. See our full list of real estate agent services.

 

Phillip Leaman was an active member of Scouting for over 15 years as a leader. He is a Queens Scout and Baden Powell Awardee and was an Assistant Scout Leader of the 1st Hoppers Crossing Scout Troop and a member of the Victorian branch Air Activities Team. Phillip’s other interests include scuba diving, golf, flying light aircraft and he has obtained his private pilot’s licence.

The way to get started is to quit talking and begin doing
- Walt Disney

Qualifications & Industry Memberships

  • Bachelor of Commerce- Major in Economic Commerce Management (Deakin)
  • Bachelor of Laws (Hons) (Deakin)
  • Member of Law Institute of Victoria
  • Chair of the Law Institute of Victoria Accredited Specialisation Advisory Committee for Commercial Law Specialisation
  • Former chair and member of the Business Law and Corporate Law Committee of the Law Institute of Victoria
  • Law Institute of Victoria Accredited Commercial Law Specialist (since 2012)
  • Selected for Real Property Law, Best Lawyers List 2020/2021

Articles by this author

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Owners Corporations & Strata / Owners Corporations

Audits of owners corporation financial statements – not all audits are the same

Other Owners Corporations are entitled to resolve by ordinary resolution that their financial statements, which must be...
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Owners Corporations / Owners Corporations & Strata

Lot owner unsuccessful in obtaining an order revoking the appointment of the Owners Corporation manager for Richmond block of nine units

The case demonstrates the very broad scope of issues that can arise under the Owners Corporations Act 2006 which can be...
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Owners Corporations / Owners Corporations & Strata

Owners Corporation legal case review- Air Conditioners and Owners Corporations Consent

Legal arguments not enough to get around the requirement to get your Owners Corporation’s consent to install...
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Commercial Law / Leasing & Lease Disputes

COVID-19 Lease Variations- How to document it properly

We have written several blogs about commercial leases and licences and the impact COVID-19 has had on them and what the...
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Owners Corporations / Owners Corporations & Strata

About to send a grumpy email to a Owners Corporation Manager? Take a breath and see our tips first

See our video on tips for lot owners in dealing with the Owners Corporations’ manager and committees: For an...
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Owners Corporations / Owners Corporations & Strata

The All-Powerful Chairperson? Nope…

It can be a thankless job, serving as a Committee Member of an Owners Corporation for a residential or commercial...
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Owners Corporations / Owners Corporations & Strata

9 Tips for Owners Corporation Committees in Victoria to Get Independent Legal Advice from Tisher Liner FC Law

Owners Corporation Committees are legally entitled to obtain expert advice about the Owners Corporation’s functions...
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Owners Corporations / Owners Corporations & Strata

Combustible Cladding – Partial Removal not accepted for Malvern Building

The Building Appeals Board has rejected a Malvern Owners Corporation’s application for a determination that...
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Leasing & Lease Disputes / Property & Development / Real Estate Agents

COVID-19 Lease Update – The Regulations are in. It’s time to negotiate in good faith

The Covid-19 Omnibus (Emergence Measures) (Commercial Leases and Licences) Regulations 2020 (“the...
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Leasing & Lease Disputes / Real Estate Agents / Property & Development

COVID-19 and Leases – The Legislation has arrived. What now?

On 24 April 2020 the COVID-19 Omnibus (Emergency Measures) Act 2020 (“the Act”) passed Victorian Parliament What is...
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Leasing & Lease Disputes / Property & Development / Real Estate Agents

COVID-19 | Landlords and Tenants what do you do?

The Prime Minister has just announced a COVID-19 Mandatory Code for Commercial Tenancies But what is it and how is it...
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Owners Corporations / Owners Corporations & Strata

Unlawful Removal of Owners Corporation Funds by Manager: Wyndham Harbour A2 Pty Ltd v Your Body Corporate Pty Ltd

The full decision can be found here The Victorian Civil and Administrative Tribunal considered the following issues: 1...
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