Phone:+61 3 9225 8248
Owen Dixon Chambers West
525 Lonsdale Street
Melbourne VIC 3000
Brett practises in commercial law, and has particular expertise in property, and banking and finance (mortgages) law.
He is also a Lecturer in Property Law in the Master of Laws (Juris Doctor) at Monash University.
Before coming to the Bar, Brett was the Associate to the Honourable Justices Emerton and Macaulay of the Supreme Court of Victoria, a legal researcher to the Judges of the Supreme Court, and a lawyer at Maddocks.
Brett primarily appears in the Supreme Court of Victoria in commercial, property, and banking and finance matters, and in the Victorian Civil and Administrative Tribunal (VCAT) in retail and commercial leasing matters.
Brett has also advised and appeared for the Victorian Legal Services Commissioner in respect of disciplinary action against legal practitioners where issues of property law arise.
Brett has advised on, and appeared in, the following matters:
- enforcement of mortgages and guarantees over land;
- rent relief applications under the coronavirus (COVID-19) regulations;
- claims under the Retail Leases Act 2003 (Vic) (including maintenance obligations, options to renew, surrender of lease, rent and outgoings recovery);
- mortgagee sales under s 77 of the Transfer of Land Act 1958 (Vic);
- equitable priority disputes over land;
- contracts for the sale of land and section 32 statements;
- removal of caveat applications under s 90(3) of the Transfer of Land Act;
- applications for recovery of possession of land under Order 53 of the Supreme Court (General Civil Procedure) Rules 2015;
- constructive trust claims over land;
- fraudulent land transfers;
- compulsory acquisition of land under the Land Acquisition and Compensation Act 1986 (Vic);
- sale and division of property proceedings under the Property Law Act 1958 (Vic);
- modification and removal of restrictive covenant applications;
- adverse possession claims;
- judicial review; and
- appeals from VCAT.
Brett's recent appearances include:
- Avant-Garde Logistics Solutions Pty Ltd v Five Fish Super Pty Ltd  VSC 669 (appeal from VCAT - commercial lease)
- Five Fish Super Pty Ltd v Avant-Garde Logistics Solutions Pty Ltd  VCAT 1143 (commercial lease - possession - issue estoppel)
- Five Fish Super Pty Ltd v Avant-Garde Logistics Solutions Pty Ltd  VCAT 842 (commercial lease - injunction - relief against forfeiture - validity of notice under s 146 of the Property Law Act (Vic))
- Roberts Gray Pty Ltd v Brunner  VSC 76 (equitable priority disputes over land - subrogation of mortgage - amendment of caveats)
- Karting Madness Pty Ltd v Daniel Terrence Pty Ltd (Building and Property)  VCAT 159 (rent relief under COVID-19 legislation - accrued rights under different versions of the Regulations)
- Super Jacobs Pty Ltd v Faalogo  VSC 778 (caveat removal - mere equities - allegation of fraud - recovery of land)
- Victorian Legal Services Commissioner v Efron (Legal Practice)  VCAT 1798 (acted for the Commissioner - disciplinary proceeding against lawyer)
- Yu v Lu  VSC 576 (want of prosecution proceeding)
- Chantelle Enterprises Aust Pty Ltd v Sangster-Greenwood  VCAT 961 (whether lease under the Retail Leases Act 2003 (Vic) was surrendered or abandoned)
- Vishniakov v Lay  VSC 403 (appointment of a litigation guardian)
- Karan v Nicholas  VSC 35 (caveat removal - constructive trust over land)
- Pollard v Pollard  VSC 21 (option to purchase land)
- William Buck (Vic) Pty Ltd v Motta Holdings Pty Ltd  VCAT 15 (occupancy costs under the Retail Leases Act - led by Sam Hopper)
- Leonard Joel Pty Ltd v Australian Technical Approvals Pty Ltd  VCAT 1781 (options to renew under s 28 of the Retail Leases Act - led by Robert Hay QC)
- Versus (Aus) Pty Ltd v ANH Nominees Pty Ltd  VCAT 859 (landlord's maintenance and repair obligations under s 52 of the Retail Leases Act - led by Robert Hay QC)
- McHutchison v Asli  VSC 258 (defective section 32 statement)
- Brett Harding, ‘Under the Indefeasibility Umbrella: The Covenant to Pay and the 'All-moneys' Mortgage’ (2011) 19 Australian Property Law Journal 231.
- Brett Harding, ‘The Mortgagee’s Power of Sale: The Duty Post MBF Investments Pty Ltd v Nolan’ (2012) 21 Australian Property Law Journal 77.
- Brett Harding, ‘Indefeasibility and the Forged All-Moneys Mortgage’ (2015) 4.3 Property Law Review 223.
- Brett Harding, ‘Another Case of the Forged ‘All-Moneys’ Mortgage’ (2015) 89(4) Australian Law Journal 289.
- Brett Harding, ‘Verification of Identity: As simple as it seems?’ (2017) 6.3 Property Law Review 195.
- Robert Hay QC and Brett Harding, 'The Use and Abuse of Caveats' (2018) 27 Australian Property Law Journal 1.
- Brett Harding, 'Notices of Action: The new de facto caveats clogging up Victoria's land titles' (2018) 92 Australian Law Journal 864.
- Brett Harding, 'Too Little Too Late: When to a claim a constructive trust over land' (2019) 27 Australian Property Law Journal 101.
- Robert Hay QC and Brett Harding, 'The 'Serious Business' of Lawyers Lodging and Maintaining Caveats Over Land' (2019) 28 Australian Property Law Journal 1.
- Brett Harding, 'If Only Caveats Could Speak' (2020) 94 Australian Law Journal 489.
Brett graduated with a Bachelor of Laws (First Class Honours) from Monash University.
To get in touch with Brett Harding | or for more information please contact the Clerk on: +61 3 9225 7222 or firstname.lastname@example.org
Liability limited by a scheme approved under Professional Standards legislation.