Conveyancing and Property

Conveyancing & Property

Conveyancing and Property

Avery Commercial Lawyers regularly acts for clients in relation to the sale and purchase of residential, commercial and industrial properties.

We know that for most people, property transactions are not an everyday occurrence. We take great pride in understanding all the intricacies involved in the successful management of property transactions to empower our clients to make informed decisions in relation to their transactions. This is our point of difference with the services we provide. 

Property transactions are many and varied and require an understanding of the applicable laws within both the residential and commercial environment. Our firm’s staff have many years’ experiences within both the legal and project management space, allowing us to confidently and successfully complete transactions of all types.

For more detailed information on our expertise in each of the following areas please click on the links below:

Conveyancing

At Avery Commercial Lawyers, we offer comprehensive conveyancing services to support clients through the legal transfer of property. Whether you are a first home buyer, upsizing to a new family home, requiring a spousal transfer, managing a deceased estate, or involved in a complex commercial transaction, we guide you through every step of the process with expertise and personal attention.

What does a conveyancer do at Avery Commercial Lawyers?

Our conveyancing team provides support across every aspect of your property transaction, including:

  • Reviewing Contracts: We examine Contracts of Sale and Section 32 Vendor’s Statements to identify issues and obligations so our clients can make an informed decision as to whether this is the right property for them.

  • Conducting Searches: We complete and review property and title searches and advise on zoning, encumbrances, and easements.

  • Preparing Legal Documents: We draft and manage the documentation necessary for transfer of ownership in compliance with all necessary laws and regulations.

  • Liaising with Stakeholders: We communicate with agents, banks, brokers, and other professionals involved in the transaction.

  • Managing Settlement and Transfers: We liaise with all necessary Stakeholders in relation to the completion of electronic settlements and property transfers to ensure these are completed accurately and on time.

  • Advising on Legal Obligations and Requirements: We provide practical and up to date legal advice and guidance for your transaction.
The Conveyancing Process

The conveyancing process generally includes the following stages:

  • Pre-Contract: Engage us early for contract review and advice before signing. We ask you allow 48 hours’ notice for a Contract review, however there may be times where we can complete these sooner.

  • Contract Signing & Deposit: We oversee the legal formalities and ensure key conditions are met.

  • Cooling-Off Period: Buyers may have a three-day window to withdraw, subject to certain conditions.

  • Due Diligence & Finance: We coordinate with your broker or bank.

  • Pre-Settlement Preparation: We confirm adjustments, prepare documentation, and liaise with all parties.

  • Settlement: Legal ownership is transferred on completion of the electronic transaction in PEXA, and funds are disbursed.

  • Post-Settlement: We notify the selling agent and authorities of the change of ownership.
Frequently Asked Questions

  • Do I need a conveyancer or a solicitor?

    Both can act on your behalf. Our firm offers the strength of both - practical conveyancing and legal insight.

  • When should I engage a conveyancer?

    Ideally before signing any contracts. Early advice can avoid costly errors.

  • What is a Section 32 Statement?

    A disclosure document sellers must provide which outlines key information about the property.

  • What does conveyancing cost?

    Our fees are competitive and fixed, with a clear outline of disbursements from the outset.

  • What searches are included?

    We conduct a full suite of relevant searches including title, zoning, planning, land tax, and more.

  • What happens if something goes wrong at settlement?

    We actively manage the process and negotiate on your behalf if delays or issues arise.
Speak to Our Conveyancing Team

We welcome enquiries from individuals, families, executors, developers, and business owners.

Contact us to discuss your matter on a confidential basis online or directly to:

📞 Kathy Gamble: 0458 960 565
📧 kathy@averylaw.com.au

 

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Kathy Gamble is a highly accomplished and respected legal professional with over 25 years of experience having worked at some of Melbourne’s most prestigious law firms.

As a senior conveyancing clerk, Kathy has built a strong reputation for her depth of knowledge, meticulous attention to detail, and unwavering commitment to client service. Her extensive experience spans all aspects of property and business transactions, leasing administration and conveyancing.

Contracts for the Sale of Land


At Avery Commercial Lawyers, we prepare and review contracts to ensure they are accurate, legally sound, and aligned with your specific circumstances. Our team safeguards your interests throughout negotiations and manages all legal communications with the purchaser’s representatives to ensure a smooth and secure transaction.

Before you can sell your property, you’ll need a valid Contract of Sale and a Section 32 Vendor Statement. These documents outline the key terms of the sale and disclose important information about the property, including title details, rates, zoning, and any restrictions.

Speak to us about your contracts for sale of land

Contact us to discuss your matter on a confidential basis online or directly to:

📞 Kathy Gamble: 0458 960 565
📧 kathy@averylaw.com.au

 

Spousal Property Transfers

A spousal property transfer (or transfer between spouses or domestic partners) is the legal process of transferring property ownership from one partner to another or adding a spouse or partner to the property title. This can occur during a relationship (e.g. for asset planning or loan refinancing) or as part of a separation or divorce settlement.

Avery Commercial Lawyers assist clients in preparing and lodging the required documentation, liaising with financial institutions, and navigating stamp duty exemptions or concessions. We ensure the transfer is legally compliant, accurately processed, and aligned with your financial and personal objectives.

What Is a Spousal Transfer?

A spousal transfer is a property transaction where:

  • One spouse or domestic partner transfers full or partial ownership of a property to the other;

  • Both names are added to a property title (e.g. from sole to joint ownership); or

  • Ownership is adjusted due to family law settlements (separation/divorce).

This is common for:

  • Refinancing a mortgage and needing to add or remove a party from the title

  • Succession or estate planning

  • Tax minimisation and asset protection

  • Relationship breakdowns involving family law settlements
The Spousal Transfer Process

The spousal transfer process generally includes the following stages:

  • Initial Review and Advice
    • We will review your situation and confirm eligibility.

    • Importantly, we will determine whether the transfer qualifies for a stamp duty exemption or concession under Section 43 of the Duties Act 2000 (Vic).

  • Obtain Supporting Documentation

    Depending on your situation, this may include:
    • Marriage or registered relationship certificate

    • Family law orders or financial agreement (if part of a separation)

    • Mortgage refinance approval (if applicable)

  • Prepare Transfer Documentation

    We will:
    • Prepare the Transfer of Land form

    • Coordinate with your lender (if there is a mortgage)

    • Arrange a State Revenue Office (SRO) stamp duty assessment

  • Lodge With Land Use Victoria via PEXA
    • Avery Commercial Lawyers, as registered PEXA subscribers, will manage the electronic lodgement and settlement

    • Title is updated to reflect the new ownership structure

  • Finalise Stamp Duty (If Applicable)
    • Stamp duty may be exempt for transfers between spouses where the property is the principal place of residence

    • Duty may still apply in some circumstances (e.g. investment properties or transfers without a legal relationship basis)
Key Considerations

  • Stamp Duty Exemptions: Often available if the property is the couple’s primary residence.

  • Capital Gains Tax (CGT): Usually not payable at the time of transfer between spouses for main residences.

  • Legal Advice: Strongly recommended, especially in cases of separation, family law matters, or blended family scenarios.
Speak to us about your spousal property transfers

At Avery Commercial Lawyers, we understand the sensitivity and complexity that often accompanies spousal transfers, particularly in the context of relationship breakdowns. These matters can often be deeply personal and emotionally challenging.

Our team is committed to managing your matter with professionalism, discretion, and compassion. We work closely with you to ensure all legal requirements are met and your interests are carefully protected throughout every stage of the process.

Contact us to discuss your matter on a confidential basis online or directly to:

📞 Kathy Gamble: 0458 960 565
📧 kathy@averylaw.com.au

 

Transfers Between Family Members

A family transfer refers to the transfer of ownership of property between relatives - such as between parents and children, siblings, spouses, or as part of estate or succession planning. While often considered “informal” by those involved, these transfers are legally binding and must follow the formal conveyancing process.

At Avery Commercial Lawyers, we understand that family transfers can often carry emotional, financial, and legal complexity. Whether you are transferring property as part of estate planning, asset protection, or family restructuring, we:

  • Provide clear legal advice tailored to your family situation

  • Handle all documentation and lodgements professionally and efficiently

  • Liaise with banks, accountants, and financial advisors as needed

  • Ensure your transaction complies with all legal and revenue requirements
Common Types of Family Transfers

The common types of family transfers can include:

  • Gifting property to children or grandchildren

  • Transferring ownership between spouses or de facto partners

  • Adding/removing a name on the title after marriage, divorce, or separation

  • Distributions from a deceased estate to beneficiaries

  • Transferring between siblings or other relatives as part of asset structuring or business succession
The Family Transfer Process

The family transfer process generally includes the following stages:

  • Initial Advice and Planning
    • Confirm the relationship and reason for the transfer

    • Assess eligibility for stamp duty exemptions or concessions

    • Advise on capital gains tax (CGT) implications

    • Review any existing loans or mortgages

  • Preparation of Documents
    • Draft the Transfer of Land document

    • Prepare statutory declarations (if claiming a duty exemption)

    • Organise any financial agreements if required (especially for spousal or asset protection transfers)
  • Stamp Duty Assessment
    • Lodge with the State Revenue Office (SRO)

    • Some transfers may be fully exempt, while others attract nominal duty
  • Lodgement and Settlement
    • Lodge documents electronically via PEXA

    • Update the title through Land Use Victoria

    • Finalise ownership and notify relevant authorities
Speak to us about your family transfer today

Contact us to discuss your matter on a confidential basis online or directly to:

📞 Kathy Gamble: 0458 960 565
📧 kathy@averylaw.com.au

 

Deceased Estates

Conveyancing for deceased estates involves the legal transfer of property from a person who has passed away to their beneficiary or beneficiaries. This process requires specific legal steps to ensure that the property is transferred lawfully, either in accordance with the deceased’s Will or, where there is no Will, under Victoria’s intestacy laws.

At Avery Commercial Lawyers, we guide executors, administrators, and families through each stage of the estate conveyancing process with sensitivity and care. From applying for probate or letters of administration to preparing and lodging all necessary documents, we ensure the transfer or sale of property is handled efficiently, lawfully, and in accordance with the deceased’s wishes or legal entitlements. Our experienced team manages communication with all relevant parties, including beneficiaries, agents, and financial institutions, to make the process as smooth and stress-free as possible.

The Deceased Estate Process

The deceased estate process generally includes the following stages:

  • Apply for a Grant of Probate or Letters of Administration
    • If the deceased left a valid Will, the named executor must apply to the Supreme Court of Victoria for a Grant of Probate.

    • If there is no Will, a close relative or next of kin must apply for Letters of Administration.

    • Once granted, the executor/administrator has the authority to deal with the property.
  • Determine the Intent of the Estate
    • The property may be transferred to a beneficiary (as per the Will or intestacy laws); or

    • It may be sold and the proceeds distributed to the beneficiaries.
  • Prepare the Necessary Documents

       A conveyancer will assist with:

    • Preparing a Transmission Application to update the title from the deceased’s name to the executor/administrator

    • Lodging a Notice of Death (for joint ownership cases)

    • Drafting transfer or sale documents

    • Coordinating with real estate agents, if a sale is involved

    • Liaising with the State Revenue Office (SRO) regarding stamp duty

  • Lodge with Land Use Victoria via PEXA

All property transfers are lodged electronically. Avery Commercial Lawyers, as registered PEXA subscribers, manage the digital settlement     and title update securely.

Speak to us confidentially about your deceased estate

We understand that managing a loved one’s estate can be overwhelming. Speak to us in confidence about your estate matter. We are here to support you with care, clarity, and trusted legal guidance.

Contact us to discuss your matter on a confidential basis online or directly to:

📞 Kathy Gamble: 0458 960 565
📧 kathy@averylaw.com.au

📞 Matthew Baker-Johnson: 0438 029 433
📧 mbj@averylaw.com.au

 

Town Planning Issues

At Avery Commercial Lawyers, we identify and explain relevant town planning matters affecting your property, helping you comply with disclosure obligations and avoid delays or disputes. If you're transitioning to retirement and selling land with development potential, we ensure the correct information is shared with buyers.

Zoning, planning overlays, and council regulations can affect what can be done with a property - including future developments or permitted uses. Planning restrictions must be disclosed during the sale process.

Speak to us about your town planning issues

Contact us to discuss your matter on a confidential basis online or directly to:

📞 Kathy Gamble: 0458 960 565
📧 kathy@averylaw.com.au

 

Subdivision and Staged Developments

At Avery Commercial Lawyers, we provide tailored legal advice and project support throughout the subdivision and staged development process.

Our services include:

  • Early-Stage Legal and Strategic Advice:

    We assist from the outset by advising on zoning, overlays, and planning controls, and helping you structure the project in a way that supports future sales, funding arrangements, and compliance.

  • Subdivision Applications and Documentation:

    We prepare and lodge all necessary legal documents required for subdivision, working closely with your surveyor, council, and referral authorities to ensure all approvals and conditions are met.

  • Preparation of Sale Contracts for Each Lot:

    We draft customised Contracts of Sale for subdivided or staged lots, including appropriate disclosure documents, special conditions, and any Owners Corporation requirements. We ensure that all contracts reflect the unique structure and timeline of your development.

  • Title and Settlement Management:

    We coordinate the registration of titles with Land Use Victoria and manage the legal aspects of settlements across different stages. This includes ensuring all titles are available on time for settlement, and that purchasers receive compliant documentation.

  • Owners Corporation and Disclosure Compliance:

    For developments with shared facilities or common property, we assist in establishing the Owners Corporation, drafting the rules, and preparing all required documentation under the Owners Corporations Act 2006.

  • Project Coordination with Your Broader Team:

    We work in partnership with your surveyors, planners, architects, builders, and selling agents to ensure a seamless legal process from beginning to end. Our approach helps minimise delays, manage risk, and protect your commercial objectives.
The Subdivision and Staged Developments

Undertaking a subdivision or staged development in Victoria — whether for residential townhouses, retirement village units, or mixed-use projects — involves navigating a complex legal and regulatory framework.

The process typically includes:

  • Planning and Local Council Approvals:

    You must first obtain a planning permit from your local council, ensuring the proposal complies with zoning laws, overlays, and development controls under the Planning and Environment Act 1987.

  • Surveying and Plan Preparation:

    A licensed land surveyor must prepare a plan of subdivision, identifying the boundaries, common property (if any), services, and any easements or restrictions.

  • Lodgement with Land Use Victoria:

    Once approved by council and relevant referral authorities, the subdivision plan is submitted to Land Use Victoria for registration. On registration, new Certificates of Title are issued for each lot.

  • Creation of an Owners Corporation (if applicable):

    For developments involving shared spaces, an Owners Corporation must be established to manage common property and associated responsibilities.

  • Staged Subdivisions:

    In multi-stage developments, plans and titles are registered in phases, requiring careful coordination of timelines, sale contracts, and compliance documentation for each stage.

Partnering with Avery Commercial Lawyers ensures your subdivision or staged development is legally sound, carefully managed, and aligned with your long-term vision - whether you’re preparing for sale, lease, or future investment.

Speak to us in confidence about your subdivision and stage developments project

Contact us to discuss your matter on a confidential basis online or directly to:

📞 Kathy Gamble: 0458 960 565
📧 kathy@averylaw.com.au

 

FIRB Applications

At Avery Commercial Lawyers, we advise you on when FIRB approval is needed and assist in ensuring that all necessary conditions are addressed in the Contract of Sale. We can also liaise with the buyer’s legal representatives to help facilitate approvals and reduce the risk of settlement delays.

If the buyer of your property is a foreign resident, they may need approval from the Foreign Investment Review Board (FIRB) to proceed with the purchase.

Speak to us in confidence about your FIRB Applications

Contact us to discuss your matter on a confidential basis online or directly to:

📞 Kathy Gamble: 0458 960 565
📧 kathy@averylaw.com.au

 

Land Registry Applications for Lost Titles, Amendments to Title Boundaries and Adverse Possession

Situations may arise where a Certificate of Title is lost, a boundary needs correcting, or you’re claiming adverse possession over land you’ve occupied long-term.


At Avery Commercial Lawyers, we handle all Land Registry dealings, including:

  • Applications for lost titles or replacement certificates

  • Title boundary amendments following surveys or disputes

  • Lodging adverse possession claims, including statutory declarations and evidence gathering

We work closely with surveyors and Land Use Victoria to ensure all documents are properly prepared and processed.

Speak to us in confidence about your Land Registry Applications

Contact us to discuss your matter on a confidential basis online or directly to:

📞 Kathy Gamble: 0458 960 565
📧 kathy@averylaw.com.au

 

Finance and Security Documents

At Avery Commercial Lawyers, we work with your bank to arrange discharge of mortgage or release of security over the property. We review and prepare any finance-related documents, ensure everything is signed and submitted on time, and confirm that all financial conditions are satisfied by settlement day.

When selling or transferring property, any existing mortgages or caveats must be dealt with. You may also need to discharge loans or update financial arrangements before settlement.

Speak to us in confidence about your Finance and Security Documents

Contact us to discuss your matter on a confidential basis online or directly to:

📞 Kathy Gamble: 0458 960 565
📧 kathy@averylaw.com.au

 

Commercial Leasing

Avery Commercial Lawyers maintains a significant focus on retail, commercial and industrial leasing. We have acted on behalf of developers, business owners and well-known retail chains with respect to their leasing matters. 

This work includes:

  • the preparation and review of agreements for lease, leases, Disclosure Statements, and assignments of lease

  • advising clients in relation to the operation of the retail leasing, building and owners

  • corporation legislation and associated regulations

  • representing clients in relation to rent reviews and lease disputes

Speak to us in confidence about your Commercial Leasing

Contact us to discuss your matter on a confidential basis online or directly to:

📞Matthew Baker-Johnson: 0438 029 433
📧mbj@averylaw.com.au

📞 Kathy Gamble: 0458 960 565
📧 kathy@averylaw.com.au