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 7 year (2019 – 2025) in the category of Real Property Law and in 2025 in the category of Commercial 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.

 

Whether you’re an OC manager or a lot owner, explore the TLFC Owners Corporation Blog Archive for expert insights, case law updates and practical guidance tailored for everyone involved in strata living.

 

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
  • Former 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 - 2025 and for Commercial Law for 2025

Articles by this author

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Owners Corporations / Owners Corporations & Strata

Owners Corporations Case law update – Hot Water Services – Can’t I put them anywhere?

So what is the case The case is Fok v Chen (Owners Corporations) [2025] VCAT 679 What is it about This proceedings was...
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Owners Corporations / Owners Corporations & Strata

Owners Corporations Case law update – Balconies and Waterproofing – who is responsible?

This proceedings was a dispute as to which of the parties is responsible to effect repairs to the balcony of Mr...
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Owners Corporations / Owners Corporations & Strata

Owners Corporations Case law update – Section 18 – Commencing Legal Proceedings

What is it about The proceeding was instituted by an Owners Corporation seeking orders for the appointment of an...
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Owners Corporations / Owners Corporations & Strata

Owners Corporations Blog- Voting at Meetings- Ordinary Resolutions

The legislation is confusing There are different rules and requirements for ordinary resolutions as opposed to special...
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Owners Corporations / Owners Corporations & Strata

Owners Corporations Case law update- Benefit Principle

So what is the case The case is Bradley Scott Schembri Furniture Finishes Pty Ltd v Owners Corporation No PS334220X...
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Owners Corporations / Owners Corporations & Strata

Owners Corporations Case Law update- Stop that Noise!

So what is the case The case is JRVT Pty Ltd v Traczyk (Owners Corporations) [2025] VCAT 108 What is it about This...
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Owners Corporations / Owners Corporations & Strata

Owners Corporations Case Law update – Water ingress into lots from common property?

What is it about The applicant seeks repairs and damages from the Owners Corporation for a damp concrete slab in the...
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Owners Corporations / Owners Corporations & Strata

Owners Corporations Case law update- Lot owner asks VCAT to change the AGM Minutes please! VCAT says “No”.

What is it about The case is about a lot owner who sought various orders including: The applicant sought an order...
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Owners Corporations / Owners Corporations & Strata

Smokers keep your smoke out of my space!

Luckily for non smokers the model rules for Owners Corporations was changed in 2021 in an effort to address smoke drift...
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Owners Corporations / Owners Corporations & Strata

Developers know your obligations

But what does a developer need to provide to an OC Section 67 of the Owners Corporations Act 2006 provides a...
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Owners Corporations / Owners Corporations & Strata

Committees- a recap on the legal technicalities associated with committee elections and membership

Any lot owner or a proxy is eligible to be on the committee unless at the time of the vote they are not financial If a...
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Owners Corporations / Owners Corporations & Strata

When the Owners Corporation has no funds – what do you do?

So how does the Owners Corporation fund such works Hopefully there is a maintenance fund that deals with likely capital...
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