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 4 year (2020 – 2023) 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 2019/2020, 2020/2021, 2021/2022 and 2021/2023

Articles by this author

View All
Owners Corporations / Owners Corporations & Strata

Owners Corporation case law update- Developers and Managers beware!!

What was the case about The Owners Corporation (which only had 4 lots) sought recovery of $2,400 it says was illegally...
Read More
Owners Corporations / Owners Corporations & Strata

Owners Corporations Case law update- The Saint-John Decision- Lot owners have a right to emails and phone numbers!

Recently we wrote a blog about a lot owners right to access all of the lot owners emails and phone numbers That blog...
Read More
Owners Corporations / Owners Corporations & Strata

Pay up lot owners or lose your lot!

Some have a large amount of common property to look after which may include skyscraper buildings, roads and amenities...
Read More
Owners Corporations & Strata / Owners Corporations

Stop Suing Managers!! The Owners Corporation Manager

“The applicants seem to misunderstand the role of the manager The manager acts for and represents the Owners...
Read More
Owners Corporations / Owners Corporations & Strata

Owners Corporation case law update – Ford v Owners Corporation SP24717 (Owners Corporations) [2024] VCAT 547

The applicants sought the appointment of an administrator to an Owners Corporation which affects a residential...
Read More
Owners Corporations / Owners Corporations & Strata

Is this the death of short stay accommodation in apartment buildings in Victoria?

So, what is short stay accommodation Accommodation for a continuous period of less than 28 days The current definition...
Read More
Owners Corporations / Owners Corporations & Strata

Owners Corporation Case Law Update – Smith v Owners Corporation Plan No. RP002839 (Owners Corporations) [2024] VCAT 447

This case concerns a small 8 lot residential complex in East St Kilda There are two buildings, each with a stairwell...
Read More
Owners Corporations / Owners Corporations & Strata

Owners Corporation Case Law Update-Richardson Case – [2024] VCAT 582 -Amendments to plans of subdivision

The lot owners were not in agreement to amend the lot liability or lot entitlement Therefore, the only alternative, as...
Read More
Owners Corporations / Owners Corporations & Strata

Disclosure obligations for Strata Managers in Victoria: Access to owner’s contact information

There are two schools of thought Each owners corporation has four types of records: A lot owner has a right to access...
Read More
Owners Corporations / Owners Corporations & Strata

Investigations into building wide issues like leaks from flexi hoses

An apartment in our building had a major leak, causing significant damage to other lots An insurance claim was lodged...
Read More
Owners Corporations / Owners Corporations & Strata

If there’s a leak from upstairs, does the owners corporation get involved?

Initially, it’s prudent for the owners corporation to seek expert advice to ensure common property is not the cause...
Read More
Owners Corporations / Owners Corporations & Strata

Telecommunication Leases and Owners Corporations

Owners Corporations may lease or licence common property to lot owners (or other third parties) in accordance with...
Read More