Whether you are buying your first home, selling an investment property, subdividing land, or navigating the transition to retirement living — Ellison-Whyte Law provides experienced, fixed-fee property legal services for clients on the Mornington Peninsula, South Gippsland, and across Victoria.
Property transactions move quickly and the stakes are high. A contract signed without proper legal advice can expose you to conditions you didn't fully understand, financial obligations you weren't expecting, or a settlement that doesn't go to plan.
At Ellison-Whyte Law we handle property matters with precision and genuine care — keeping you informed at every stage, managing every detail behind the scenes, and making sure you reach settlement with confidence. We work with first home buyers, seasoned investors, vendors, developers, and families at every stage of life. Whatever your property journey looks like, we know how to navigate it.
Conveyancers and property lawyers both handle property transfers — but they are not the same thing. A licensed conveyancer can manage a standard property transaction. A property lawyer can do all of that and more — advising you on complex contract conditions, identifying legal risks in a title, representing you if a dispute arises, and drawing on a broader understanding of how your property transaction intersects with other areas of your life, such as your estate plan, your SMSF, or a separation.
At Ellison-Whyte Law, every property matter is handled by a qualified lawyer. For the same fixed fee, you get significantly more expertise behind you.
Residential Conveyancing
The legal transfer of residential property is more involved than most buyers and sellers expect. We manage the full conveyancing process from contract review through to settlement — liaising with agents, lenders, and the other party's representative, conducting title searches, preparing settlement workspaces, handling stamp duty declarations, and attending to every step required to ensure your transaction settles on time and without complication.
We act for both buyers and sellers, and we treat every transaction — whether it is a $400,000 unit or a $4 million coastal property — with the same standard of care.
Contract Review Before You Sign
The most valuable step in any property purchase is often one people skip entirely — having a lawyer review the contract before signing. We review vendor statements and contracts of sale, advise you on special conditions, flag risks in the title or zoning, and make sure you understand exactly what you are committing to before your signature is on the page.
If you are buying at auction or under time pressure, call us. We work quickly.
Off-the-Plan Purchases & Sales
Off-the-plan contracts are among the most complex in residential property. Settlement can be years away, the property you receive may differ from what was marketed, and the contract terms are heavily weighted in favour of the vendor. We review off-the-plan contracts in detail, advise on sunset clauses, deposit arrangements, and variations, and protect your position through what can be a lengthy and evolving process.
Whether you are creating new titles from a larger parcel of land, consolidating titles, or registering a plan of subdivision, the legal process requires careful coordination with surveyors, Land Use Victoria, and in many cases your lender. We manage the lodgement and registration process from start to finish, ensuring your new titles are created correctly and your interests are protected throughout.
Transferring property between spouses, partners, or family members — whether as part of an estate plan, a relationship restructure, or a financial arrangement — involves specific stamp duty considerations and title requirements. We advise on the implications of any transfer, handle the preparation of all documents, and lodge with Land Use Victoria on your behalf.
If you are transferring property as part of a separation, please see our Family Law page — the process and the advice required is different, and we want to make sure you get the right guidance.
Moving into a retirement village, lifestyle community, or residential aged care facility is one of the most significant legal and financial decisions a person can make — and one of the least understood. The contracts governing entry into these communities are lengthy, complex, and largely in favour of the operator.
We review retirement village agreements, lifestyle community contracts, and residential aged care agreements with you before you sign — explaining the fees, the exit entitlements, the refund structure, and what your rights are if your circumstances change. For many clients this is a once-in-a-lifetime transaction, and we treat it accordingly.
If you are being asked to sign a mortgage or act as guarantor for someone else's loan, independent legal advice is not just recommended — many lenders require it. We review the loan documents with you, explain what you are agreeing to and what is at risk, and provide a Certificate of Independent Legal Advice where required.
For private mortgage registration and loan agreement drafting, please see our Private Lending & Mortgage Advice page.
Ready to get started? Send us your property details and we will be in touch to confirm your fixed fee and next steps — no appointment needed to begin.
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We know that property transactions can feel stressful — particularly when timelines are tight, finance is involved, or things don't go exactly to plan. Our job is to take the legal complexity off your plate so you can focus on what the transaction means for your life.
From the moment you instruct us, you will have a named lawyer managing your matter. We communicate proactively — you will not be left wondering what is happening. And because we work on fixed fees, you will never receive a bill that surprises you.
| Conveyance — Buying or Selling | $1,200 |
| Off-the-Plan Purchase / Sale | $1,800 |
| Subdivision / Plan of Consolidation | $1,500 |
| Spousal Transfer of Land | $750 |
| Mortgage & Guarantor Advice (Certificate of Independent Legal Advice) | $850 |
| Caveat Lodgement | $300 |
All fees are fixed and confirmed in a cost agreement before work begins. Disbursements — including title search fees, Land Use Victoria lodgement fees, and stamp duty — apply in addition to legal fees and will be outlined clearly at the outset of your matter.
Retirement village and lifestyle community contract reviews are quoted individually depending on the length and complexity of the agreement.
What is conveyancing and what does a property lawyer actually do?
Conveyancing is the legal process of transferring ownership of property from one person to another. A property lawyer manages every step of that process — reviewing and advising on the contract of sale, conducting due diligence searches on the title, preparing settlement documents, coordinating with your lender, and attending to the legal and administrative requirements of settlement. We make sure the transaction proceeds correctly and that your interests are protected throughout.
When should I engage a property lawyer — before or after signing?
Ideally before. Having a lawyer review a contract of sale before you sign gives you the opportunity to negotiate conditions, understand your obligations, and make an informed decision. Most buyers sign first and instruct a lawyer afterwards — which is fine, and we work with this regularly. But if you have the opportunity to involve us early, we strongly recommend it.
Do I need a lawyer or can I use a conveyancer?
Both are legally permitted to handle property transfers in Victoria. The key difference is that a property lawyer can advise on a broader range of issues — including complex contract conditions, title disputes, the intersection of your property transaction with your estate plan or SMSF, and any legal complications that arise. At Ellison-Whyte Law, all conveyancing matters are handled by qualified lawyers, at a fixed fee comparable to many conveyancer-only services.
What is a vendor statement?
A vendor statement — also called a Section 32 statement — is a document the seller must provide to the buyer before any contract is signed. It discloses key information about the property including title details, any mortgages or encumbrances, zoning, services, and any notices affecting the property. We review vendor statements as part of our pre-contract advice service and can identify anything in the statement that warrants further investigation.
What happens at settlement?
Settlement is the moment ownership formally transfers — when the balance of the purchase price is paid and the buyer becomes the legal owner of the property. In Victoria, most settlements now occur electronically through an e-conveyancing platform. We prepare your settlement workspace, coordinate with all parties, and attend settlement on your behalf. You do not need to be present. We will notify you as soon as it is complete.
What are disbursements and how much will they cost?
Disbursements are third-party costs incurred in the course of your transaction — such as title search fees, Land Use Victoria lodgement fees, and stamp duty. They are separate from our legal fee and vary depending on the nature of the transaction and the property value. We provide a clear estimate of disbursements at the outset of your matter so you have a complete picture of your costs before we begin.
Can you act for me if the property is outside the Mornington Peninsula?
Yes. We act for clients across Victoria and, for certain matters, Australia-wide. Our online systems mean we can manage your transaction efficiently regardless of where you or the property are located. Many of our conveyancing clients instruct us remotely and never need to come into the office.
What is an off-the-plan contract and why does it need special attention?
An off-the-plan contract is a contract to purchase a property that has not yet been built or completed. These contracts are substantially more complex than standard property contracts — they are longer, more heavily weighted in favour of the developer, and contain provisions such as sunset clauses and variation rights that require careful review. Settlement can be one to three years away, and a great deal can change in that time. We review these contracts in detail and advise you on the risks before you commit.
Ready to move forward on your property matter?
Start your conveyance online, book a consultation with our team, or simply send us your property details and we will be in touch promptly to confirm your fixed fee and next steps.
buying and selling property
Our team is experienced in conveyancing and other property transactions.
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Mortgage Advice
Our team can assist with mortgage and guarantor advice.
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Retirement Living
Ready to take that next step in life and move to a lifestyle village, retirement village or high care home? Our team can help you through the transition.
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Send us your property details to get started right away.