Brett Harding

Profile

Brett practises in property law. He has particular expertise in caveats, contracts of sale for land, retail and commercial leases, equitable proprietary remedies, mortgages, and banking and finance.

Brett has also been a Lecturer in Property Law in the Master of Laws (Juris Doctor) at Monash University since 2015. He will also teach a new elective 'Commercial Property Law' at the University of Melbourne in early 2027.

Brett has written a new textbook, Law of Caveats, published by Thomson Reuters (released in September 2025).

He is also a co-author of the forthcoming fourth Australian edition of Fisher and Lightwood's Law of Mortgage with the Honourable Justice Croft AM and Robert Hay KC.

Before coming to the Bar, Brett was the Associate to the Honourable Justice Emerton (now President of the Victorian Court of Appeal) and the Honourable Justice Macaulay (now a retired Judge of the Victorian Court of Appeal). Brett was also a legal researcher to the Judges of the Supreme Court of Victoria, and a solicitor.

Practice

Brett has advised on, and appeared in, the following matters:

• caveat removal applications under s 90(3) of the Transfer of Land Act 1958 (Vic)
• enforcement/rescission of contracts of sale for land (including vendor-purchaser summonses under s 49 of the Property Law Act 1958 (Vic))
• enforcement of mortgages and guarantees over land
• mortgagee sales under s 77 of the Transfer of Land Act (and applications to restrain sales)
• urgent interlocutory injunctions and relief against forfeiture applications in respect of retail and commercial leases
• equitable priority disputes over land
• advice on section 32 statements under the Sale of Land Act 1962 (Vic)
• applications for recovery of possession of land under order 53 of the Supreme Court (General Civil Procedure) Rules 2025
• applications for the judicial sale of property
• freezing orders
• claims under the Retail Leases Act 2003 (Vic) (including maintenance obligations, options to renew, surrender of lease, rent and outgoings recovery)
• setting aside voluntary conveyances of land to defraud creditors under s 172 of the Property Law Act
• constructive trust claims over land
• fraudulent land transfers
• removal of restrictive covenant applications under s 84 of the Property Law Act
• sale and division of property proceedings under the Property Law Act
• appeals from VCAT

He has also advised and appeared for the Victorian Legal Services Commissioner in respect of disciplinary action against legal practitioners.

Cases in which Brett has appeared include:

• Northcote Shopping Centre Pty Ltd v Aldi Foods Pty Ltd [2026] VSCA 140 (Retail lease - whether maximum cap on rent review contravenes s 35(2) of the Retail Leases Act - led by Robert Hay KC)
• Lesniak v ASIC & Registrar of Titles [2026] VSC 363 (Application to remove registered mortgage where mortgagee has been deregistered)
• Accelerated Loans v Kirby [2026] VSC 331 (Mortgagee's claim for possession - Summary judgment application - Interlocutory injunction)
• Accelerated Loans Pty Ltd v Almir (Costs Ruling) [2026] VCC 493 (Successful application for personal costs order against solicitor)
• Viju Pty Ltd v Spicy Management Pty Ltd (Costs) [2026] VCAT 315 (Retail leases - Costs - Whether a costs order made against a tenant can be enforced against a guarantor under a guarantee and indemnity)
• Reliable Choice Pty Ltd v Samsal Pty Ltd (Building and Property) [2026] VCAT 81 (Retail lease injunction)
• Viju Pty Ltd v Spicy Management Pty Ltd (Building and Property) [2025] VCAT 940 (Retail leases - ESM responsibility (whether OC or lot owner) - Building Regulations)
• The Monaco Au Pty Ltd v Bondella Pty Ltd (No 3) (Building and Property) [2025] VCAT 638 (Assessment of damages)
• Aldi Foods Pty Ltd v Northcote Shopping Centre Pty Ltd [2024] VSC 799 (Appeal from VCAT - retail lease - whether maximum cap on rent review contravenes s 35(2) of the Retail Leases Act - led by Robert Hay KC)
• Cassar v Cassar (Costs of preliminary questions) [2024] VSC 537 (Costs - fraudulent property transfers)
• Pagica Pty Ltd atf the Oscinah Trust v Inlet Property Pty Ltd [2024] VCAT 830 (Validity of a renewal notice under s 28 of the Retail Leases Act)
• Cassar v Cassar (Preliminary questions) [2024] VSC 502 (Fraudulent property transfers - in personam claims - Transfer of Land Act s 42(1))
• Base Group Property Pty Ltd v Wyllie [2024] VSC 523 (Sale of Land Act - defective section 32 statement - rescission - vendor's defence under s 32K)
• Northcote Shopping Centre Pty Ltd v Aldi Foods Pty Ltd [2024] VCAT 641 (Whether maximum cap on rent review contravenes s 35(2) of the Retail Leases Act - led by Robert Hay KC)
• Hall v Banfield [2024] VSC 166 (Application for summary judgment - lease rectification)
• Victorian Legal Services Commissioner v Fong [2024] VCAT 103 (Acted for the Commissioner - disciplinary proceeding against lawyer - lodging and maintaining improper caveats)
• The Monaco Au Pty Ltd v Bondella Pty Ltd (No 2) [2024] VCAT 18 (Retail lease dispute - interlocutory injunction - relief against forfeiture - 'damage' under s 57 of the Retail Leases Act)
• Ieremidis v Kyvelidis [2023] VCAT 1411 (Co-ownership dispute - application for summary dismissal)
• Merrion (5) Pty Ltd v Cafe Property Pty Ltd [2023] VCC 2169 (Alleged building contract - summary judgment and security for costs application)
• Colony Constructions Pty Ltd v Zain Homes Pty Ltd [2023] VSC 529 (Caveat removal)
• The Monaco Au Pty Ltd v Bondella Pty Ltd [2023] VCAT 632 (Retail lease dispute - interlocutory injunction)
• Vincent Cold Storage Pty Ltd v Centuria Property Funds No 2 Limited [2022] VSC 766 (Commercial lease dispute - interlocutory injunction - relief against forfeiture)
• West Gate Tunnel land acquisition (Acted for residential claimants - led by Sam Hay KC)
• Robin Hood Dev Pty Ltd v Apadana Dev Pty Ltd [2022] VCC 1925 (Joint venture dispute)
• Eastcombe Pty Ltd v Fagersta Steels Pty Ltd [2022] VCAT 780 (Whether lease under the Retail Leases Act)
• Victorian Legal Services Commissioner v Howman [2022] VCAT 542 (Acted for the Commissioner - disciplinary proceeding against lawyer - charging improper estate commission)
• Victorian Legal Services Commissioner v Souki [2022] VCAT 663 (Acted for the Commissioner - disciplinary proceeding against lawyer - lodging and maintaining improper caveat)
• Baroud Nominees Pty Ltd v Mereland Technology Pty Ltd [2022] VCAT 516 (Market rent review on renewal of lease)
• Avant-Garde Logistics Solutions Pty Ltd v Five Fish Super Pty Ltd [2021] VSC 669 (Appeal from VCAT - commercial lease)
• Five Fish Super Pty Ltd v Avant-Garde Logistics Solutions Pty Ltd [2021] VCAT 1143 (Commercial lease - possession - issue estoppel)
• Five Fish Super Pty Ltd v Avant-Garde Logistics Solutions Pty Ltd [2021] VCAT 842 (Commercial lease - injunction - relief against forfeiture - validity of notice under s 146 of the Property Law Act 1958 (Vic))
• Roberts Gray Pty Ltd v Brunner [2021] 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) [2021] VCAT 159 (Rent relief under COVID-19 legislation - accrued rights under different versions of the Regulations)
• Super Jacobs Pty Ltd v Faalogo [2019] VSC 778 (Caveat removal - mere equities - allegation of fraud - recovery of land)
• Victorian Legal Services Commissioner v Efron (Legal Practice) [2019] VCAT 1798 (Acted for the Commissioner - disciplinary proceeding against lawyer)
• Yu v Lu [2019] VSC 576 (Want of prosecution)
• Chantelle Enterprises Aust Pty Ltd v Sangster-Greenwood [2019] VCAT 961 (Whether lease under the Retail Leases Act 2003 (Vic) was surrendered or abandoned)
• Vishniakov v Lay [2019] VSC 403 (Appointment of a litigation guardian)
• Karan v Nicholas [2019] VSC 35 (Caveat removal - constructive trust over land)
• Pollard v Pollard [2019] VSC 21 (Option to purchase land)
• William Buck (Vic) Pty Ltd v Motta Holdings Pty Ltd [2018] VCAT 15 (Occupancy costs under the Retail Leases Act - led by Sam Hopper)
• Leonard Joel Pty Ltd v Australian Technical Approvals Pty Ltd  [2017] 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 [2017] VCAT 859 (Landlord's maintenance and repair obligations under s 52 of the Retail Leases Act - led by Robert Hay QC)
• McHutchison v Asli [2017] VSC 258 (Defective section 32 statement)

Publications

• ​​​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 Harding, 'Questionable Caveats: Ethical considerations for practitioners' (2023) 5 Law Institute Journal 22.
• Brett Harding, Law of Caveats (Thomson Reuters, 2025).

Brett has also presented a range of CPD seminars for Greens List on property law issues. Recordings of these seminars are available through the Greens List CPD Online Library.

Brett graduated with a Bachelor of Laws (First Class Honours) from Monash University.