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Fennelly Legal, 1/130 High Street, Geelong (2026)

14/03/2026

Property Disputes in Victoria: Real Cases Showing What Can Go Wrong When Ownership Isn’t Clear

In the last few months, Victorian news has highlighted real situations where property ownership confusion or disputes have had huge consequences for ordinary people. These are not abstract legal lessons. They are real events affecting real families across this state.

Case 1: A Home Built on the Wrong Block
One of the most striking recent stories comes from southwest Victoria, where Melanie and David Moor spent their life savings building what they thought was their forever home — only to discover after the build that it sits on the wrong parcel of land. Under current Victorian property law, the house legally belongs to the landowner on whose title it stands. The couple now faces a complex legal battle over ownership and possible relocation.
https://www.abc.net.au/news/2025-08-06/victorian-law-lags-handling-houses-on-wrong-blocks/105614056 (ABC)

This case shows just how important it is to confirm legal boundaries, titles and surveys before you invest time, money and emotion into property development or major renovations.

Case 2: Farmers Blocking Access to Transmission Line Projects
Across regional Victoria, some farmers have taken a stand to block access by utility contractors to their properties, arguing that compulsory access powers are being used without clear legal justification and without proper negotiation. The dispute is now likely to end up in court as government agencies seek orders to enforce access rights.
https://www.abc.net.au/news/rural/2025-11-18/vni-west-access-denied-by-farmers/106020096 (ABC)

This story highlights that property rights are not only about title deeds. They are also about understanding when and how others may lawfully access your land, and what your rights are if you object.

Why These Stories Matter for You
These recent Victorian examples reflect a broader trend: property rights and disputes are not always straightforward, even for people acting in good faith. There are a few important lessons here:
• Mistaken improvements can have major legal consequences. Just believing you’re building on your own land isn’t enough without a proper survey and contract review.
• Legal access and land use rights matter. Disputes over access, easements and obligations can arise long before formal disputes and they can escalate to court.
• Assumptions about ownership rarely stand up on their own. Media coverage shows that courts and tribunals look at legal title, evidence, documentation and statutory rights, not just what people thought was agreed.
For many Victorians, the emotional and financial costs of these disputes could have been reduced or even prevented with early legal review and clear documentation of rights and obligations.
If you are worried about ownership issues, unclear title, joint ownership arrangements, boundary or access rights, or any other property concern, I encourage you to book a free 15-minute chat with us at Fennelly Legal. We can look at your situation, explain what the news stories really mean for you, and help protect your interests before disputes escalate.

👉 Click here to book your free chat. https://api.leadconnectorhq.com/widget/bookings/freeconsultfennellylegal3s74ma

09/03/2026

Elder Law in Victoria: Real Issues Older People Face and What You Need to Know

Elder law isn’t something to think about only when a crisis hits. Recent news and reforms show that how we plan for ageing, decision-making authority, elder rights, and protections all matter right now for older Victorians and their families.

1. A New Aged Care System with Stronger Rights
From 1 November 2025, a major reform took effect nationally with the introduction of the new Aged Care Act 2024, aimed at putting older people’s rights at the centre of the system. Under this law, people accessing government-funded aged care now have a Statement of Rights that guarantees dignity, respect, choice and control over their care and living arrangements. The law also formalises support at home options designed to help older people stay at home longer. (Health, Disability and Ageing Dept.)
This is a big deal because it shifts the focus from a service-only model to a rights-centred model. Older adults and their families now have more legal clarity about what they can expect from aged care services and what they can require providers to do.

2. Elder Abuse Is Real and Reports Are Rising
In Victoria, police data show that reports of elder abuse have jumped sharply, with a 42 per cent increase over the last five years. That means nearly 7,400 reports of elder abuse in the last year alone, affecting real families and community members. (Compass)
Elder abuse can take many forms — financial, emotional, physical, social or neglect — and it often happens within families or trusted relationships. (Seniors Rights Victoria)

3. Elder Abuse Prevention and Support Is Improving
Organisations like Council on the Ageing (COTA) Victoria and Seniors Rights Victoria are pushing for better awareness and responses. In 2025 they helped embed elder abuse prevention within Victoria’s wider family violence framework, and they continue to advocate for better early intervention and training for frontline workers. (cotavic.org.au)

4. Decision-Making Matters — Advance Planning Works
Without clear advance planning, families can face legal battles over who can make decisions for an older person if they lose capacity. For example, if someone has not appointed an attorney or guardian, My Aged Care and other services cannot automatically assign decision-making powers to a family member without additional legal steps. (justbettercare.com)
In Victoria, laws like the Powers of Attorney Act 2014 and Guardianship and Administration Act 2019 are designed to protect vulnerable adults and offer legal frameworks for decision-making when capacity diminishes. (aitken.com.au)
What This Means for You and Your Family
These developments signal that elder law is about more than documents. It’s about protecting:
• Your right to make decisions while you still can
• Your dignity and legal autonomy as you age
• Your financial and personal interests in aged care, housing and health
• Your protection against abuse and exploitation
Without clear planning such as enduring powers of attorney, guardianship arrangements, or elder law guidance families can be left guessing what a loved one wanted, or even facing legal hurdles to act on their behalf.
If You’re Concerned About Your Situation or a Loved One
Whether you’re planning ahead, navigating aged care decisions, worrying about elder abuse, or unsure who will make decisions for you if circumstances change, I’m here to help.
Book a free 15-minute chat with us at Fennelly Legal. We’ll talk through your situation, clarify what rights and protections apply, and help you make a plan that works for you and your family.

👉 Click here to book your free chat.
https://api.leadconnectorhq.com/widget/bookings/freeconsultfennellylegal3s74ma

07/03/2026

Conveyancing and Property: What Recent Victorian News Shows Buyers Must Watch Out For

Right now in Victoria, the property market is heating up with strong buyer demand and rising prices. ABC News reported that first home buyers and investors are bidding fiercely at Melbourne auctions, pushing up values and making contracts tighter and more competitive than they have been in years. (ABC)

With more buyers in the market, the pressure to sign quickly is real. But rushing into a contract without understanding the legal risks can turn what should be an exciting milestone into a costly mistake that you can’t undo.

One major development making news locally is that new laws are proposed requiring real estate agents to publish the reserve price at auctions at least seven days before sale. Supporters say this will protect buyers from surprises, but critics — including buyer advocates — warn it may not be enough and that buyers still need to do their own legal due diligence before signing. (ABC)

These headline stories underline an important truth:
• The property contract is legally binding once signed. You can’t undo it just because the market changes or you spot something you didn’t expect.
• Issues like reserve pricing, finance conditions, deposits, and contract terms all matter in a way that can affect your financial exposure.
• Market pressure does not change your rights or obligations under law. What you signed is what you are bound to, unless there are conditions in the contract that give you an out.

Here are some real risks Victorians are seeing right now:
• Competition and tight markets leave little room for renegotiation. Once a contract is signed, you may be locked in even if values shift or finance conditions become tougher. (ABC)
• Legal reforms around auctions and contracts are emerging, but they don’t replace careful contract review. A published reserve price is useful, but it doesn’t protect you from other contract traps. (ABC)
• Skipping professional review in the heat of a bidding war can cost you dearly. Contracts contain conditions and obligations that few buyers fully read under pressure.

Here’s the bottom line:
Signing on the dotted line is not a formality. It commits you to legal obligations that can have long-term financial consequences. In a strong market, everyone’s eyes are on the price — but yours also needs to be on the contract terms, what conditions you have in place, and what rights you can exercise if things change.
If you are buying, selling, or thinking about signing a property contract in Victoria, I encourage you to book a free 15-minute chat with us at Fennelly Legal. We will talk through what the contract actually says, what rights and obligations you have, and how to protect your interests before you commit to anything.

Click here to book your free chat.
https://api.leadconnectorhq.com/widget/bookings/freeconsultfennellylegal3s74ma

04/03/2026

Divorce and Property Settlements: What Recent Reporting Shows Victorians Are Getting Wrong

Recent Australian media coverage in 2024 and 2025 has highlighted how separation and divorce are leaving many people financially exposed, often because property and superannuation issues were not addressed properly or early enough.

An ABC News report examined the long-term financial impact of separation on Australians, particularly women, noting that many people delay formal property settlements after divorce. The article highlighted cases where people relied on informal arrangements, only to discover years later that their legal options were limited or significantly weakened.
https://www.abc.net.au/news/2024-03-18/divorce-financial-impact-women-superannuation/103592028

The Guardian Australia has also reported on how Australia’s housing crisis is amplifying the financial fallout of divorce. The article described situations where one partner remained in the family home while the other struggled to re-enter the property market, often because property settlements were delayed or not properly formalised at the time of separation.
https://www.theguardian.com/australia-news/2024/feb/12/australia-divorce-housing-crisis-women

Another ABC News piece focused specifically on superannuation, explaining that super is treated as property under Australian family law, yet is frequently overlooked during separations. The report showed how failing to address superannuation can leave one party, often the lower-income earner, financially disadvantaged later in life.
https://www.abc.net.au/news/2023-11-06/superannuation-divorce-property-settlement/103058460

These stories reflect what we see regularly in practice.

Here are some key lessons Victorians are learning through real cases reported in the media:
• Property settlements are not automatic or based on simple percentages
• Informal or verbal arrangements often unravel over time
• Superannuation must be considered as part of the overall settlement
• Delaying legal advice can significantly reduce future options

Separation is already emotionally difficult. Adding financial uncertainty often makes it far harder than it needs to be. Many people featured in these news stories believed they were being fair, flexible, or cooperative, without understanding how the law would later assess their situation.
If you are separated, thinking about separating, or unsure where you stand with property or finances, I encourage you to book a free 15-minute chat with us at Fennelly Legal. We can talk through your circumstances, what the law takes into account, and what steps may help protect you before small issues turn into long-term problems.
Click here to book your free chat. https://api.leadconnectorhq.com/widget/bookings/freeconsultfennellylegal3s74ma

02/03/2026

Wills and Estates: Things Are Changing

Recent reporting in 2025 shows that more Australians are facing uncertainty and conflict after a loved one’s death because Estate planning was incomplete or out of date. In a national story on ABC News, lawyers urged Australians to have a valid and current Will to spare families further grief when someone dies. The report highlighted a case where an out-of-date Will left a family uncertain about how assets would be distributed, compounding their loss and stress during an already difficult time. (ABC)

Another ABC news story explained that many Australians fail to nominate superannuation beneficiaries properly, and that can mean superannuation does not pass to the person you hoped it would when you die. This catches many people by surprise because they assumed their super balance would be dealt with the same way a Will handles property. (ABC)

What these stories show is this: Estate planning is not about avoiding death. Estate planning is about giving your family clarity and peace of mind about your wishes when you are no longer there to speak for yourself.

Here’s what many Victorians are learning the hard way:
• If your Will is old or incomplete, it may not reflect your current life situation or intentions.
• Superannuation needs its own beneficiary nomination to make sure it goes where you want it.
• Lack of clarity in Estate planning often leads to disputes and delays for loved ones.
Too often we see families dealing with confusion and even disagreement because key questions were never answered while a person was alive. The stress and cost of resolving these matters after death can be hard to bear, especially when it could have been avoided by clear planning.

If you have any questions about your personal situation, whether you already have a Will or have not started estate planning yet, I invite you to book a free 15-minute chat with us at Fennelly Legal. We can talk through your circumstances, what you want to protect, and what steps make sense for you right now.

Click here to book your free chat. https://api.leadconnectorhq.com/widget/bookings/freeconsultfennellylegal3s74ma

27/02/2026

Property Disputes: When Ownership Is Not as Clear as You Think

Property disputes often start with a simple sentence:
“I thought it was understood.”

Unfortunately, what feels understood between people is not always what the law recognises. In Victoria, property disputes commonly arise between family members, former partners, business associates, or even close friends, usually after circumstances change.

One of the biggest misconceptions is that being on the title automatically tells the whole story. While legal ownership matters, it is not always the end of the discussion. Courts may also look at contributions, intentions, agreements, and conduct over time. This is where disputes become complex, expensive, and emotionally draining.

We regularly see issues involving family homes, investment properties, farms, and jointly funded purchases. Sometimes one party has contributed more financially. Other times, contributions were non-financial, such as renovations, unpaid labour, or caring responsibilities that enabled the property to be acquired or maintained. When these arrangements are not documented properly, disagreements are almost inevitable.

Another common issue arises when relationships break down. Property bought during a relationship, or even before it, can become a source of conflict if expectations were never clearly recorded. Verbal promises, informal arrangements, and assumptions about future ownership carry very little weight if they are not supported by proper legal documentation.

Here are a few important points to keep in mind:
• Being on title does not always resolve a dispute.
• Verbal agreements are difficult to prove and often disputed.
• Early legal advice can prevent disputes from escalating.
• Clear documentation protects relationships as much as assets.

Property disputes are rarely just about land or money. They are about trust, expectations, and relationships that have changed. Left unresolved, they can drag on for years and consume far more than the property is worth.

If you are involved in a property dispute, or you are concerned about how ownership is structured, I encourage you to book a free 15-minute chat with us at Fennelly Legal. We can talk through your situation, your options, and what steps may help protect your interests before things escalate further.

Click here to book your free chat. https://api.leadconnectorhq.com/widget/bookings/freeconsultfennellylegal3s74ma

25/02/2026

Elder Law: Planning Early Is About Dignity, Not Just Documents

Elder law is often misunderstood. Many people think it is only relevant when someone is already unwell or losing capacity. In reality, the best elder law planning happens while people are still healthy, independent, and able to make clear decisions for themselves.

One of the most common issues we see is families scrambling to make decisions after something has already gone wrong. An accident, an illness, or a sudden decline can leave loved ones unsure who has authority to act, what decisions can legally be made, or how finances should be managed. That uncertainty creates stress at exactly the wrong time.

Enduring Powers of Attorney are a key part of elder law, yet they are frequently overlooked or misunderstood. These documents allow someone you trust to make financial or personal decisions on your behalf if you lose capacity. Without them, families may need to apply to a tribunal or court just to manage everyday matters. That process can be slow, costly, and emotionally draining.

We also see challenges around aged care decisions, accommodation agreements, and financial arrangements. Moving into aged care is not just a health decision. It is a legal and financial one, with long-term implications for assets, pensions, and family members. Signing the wrong documents or not understanding your rights can have lasting consequences.

Here are some key points every Victorian family should consider:
• Planning early gives you control over who makes decisions for you.
• Powers of Attorney are just as important as a Will.
• Capacity issues are not always predictable or gradual.
• Clear legal arrangements reduce conflict and stress for families.
Elder law is not about giving up independence, it is about protecting it. It allows you to set the rules while you are able, rather than leaving others to guess what you would have wanted.

If you are thinking about planning ahead for yourself, or you are supporting an ageing parent or relative, I invite you to book a free 15-minute chat with me at Fennelly Legal.

We can talk through your situation, your concerns, and what steps might help provide clarity and peace of mind.

Click here to book your free chat. https://api.leadconnectorhq.com/widget/bookings/freeconsultfennellylegal3s74ma

22/02/2026

Conveyancing and Property: Why “It’s Just Paperwork” Thinking Can Cost You

Buying or selling property in Victoria is often described as a paperwork exercise. In reality, it is a legal transaction with long-term financial consequences, and small oversights can turn into very expensive problems.

One of the most common issues we see is people engaging a lawyer or conveyancer too late. Contracts are signed, deposits are paid, and only then does someone ask whether a clause is unusual, whether a condition can be changed, or whether a risk could have been avoided. By that stage, options are often limited.

Another misconception is that all contracts are standard and safe. While many contracts look familiar, the details matter. Special conditions, settlement dates, penalty clauses, zoning issues, easements, and disclosure obligations can all affect your rights and your exposure. What seems minor at first glance can become critical if something goes wrong.

We also regularly see problems arise with off-the-plan purchases and private sales. These transactions often come with additional risks, including delays, changes to the property, finance complications, and unclear obligations. Without proper advice, buyers and sellers can find themselves locked into arrangements they did not fully understand.

Here are a few important points every Victorian property buyer or seller should keep in mind:
• The contract sets the rules, not what was said verbally.
• Once you sign, your ability to change terms is very limited.
• Early legal review can identify risks before they become binding.
• The cheapest option upfront is not always the safest in the long run.

Real Estate is usually one of the biggest financial decisions people make. Treating conveyancing as a box-ticking exercise often leads to regret later, particularly when disputes arise over delays, defects, or settlement issues.

If you are buying, selling, or thinking about signing a contract, I encourage you to book a free 15-minute chat with me at Fennelly Legal. We can talk through your situation, what to look out for, and how to protect yourself before committing to anything.
Click here to book your free chat. https://api.leadconnectorhq.com/widget/bookings/freeconsultfennellylegal3s74ma

11/02/2026

Wills and Estates: What Too Many Victorian Families Learn Too Late

Every year, we see families across Victoria caught up in disputes because legal affairs were not properly sorted before someone passed away.

Often, it is not really about money. It is about expectations, relationships, and assumptions that were never written down or legally clarified. Siblings disagree. Partners feel overlooked. Adult children are shocked to learn that things did not work the way they thought they would.

When a Will is unclear, outdated, or missing altogether, Victorian law steps in to decide what happens next. And the outcome is frequently not what people expect.

Many people assume that joint bank accounts, superannuation, or verbal promises automatically go to the person they intend. In reality, some of these assets may not form part of the Estate at all. In other cases, a Will can be challenged if someone believes they have not been adequately provided for. This is how family provision claims arise, often leading to stress, delays, and unnecessary legal costs.

Here are a few important things every Victorian should understand:
• A Will is not just a document. It is your legal voice when you can no longer speak for yourself.
• Major life changes matter. Marriage, separation, divorce, children, blended families, business interests and property ownership can all affect how your Estate should be structured.
• Unclear or outdated planning costs time, money, and peace of mind for the people you leave behind.

I regularly meet families who say the same thing once problems have already started. They thought there was plenty of time. They did not realise how complex things could become.

The truth is, intending to get your affairs in order one day does not make them legally effective. Only properly drafted and up to date documents do that.

If you have questions about your personal situation, whether you already have a Will or have not started one yet, I invite you to book a free 15-minute chat with us at Fennelly Legal. We can talk through your circumstances, what you want to protect, and what steps make sense for you right now. https://api.leadconnectorhq.com/widget/bookings/freeconsultfennellylegal3s74ma

13/01/2026

Your home or property is often your biggest financial commitment; don’t take shortcuts with legal protection.
The right lawyer ensures your contract is watertight, your risks are minimised, and your rights are protected.
Have questions about your situation? Book a free call with one of our lawyers to see if we can help you today https://api.leadconnectorhq.com/widget/bookings/freeconsultfennellylegal3s74ma

12/01/2026

Separation is never easy, but staying calm and focusing on practical solutions helps you protect your rights and your peace of mind.

Your family’s wellbeing matters most, legal support keeps decisions balanced and fair.

Have questions about your situation? Book a free call with one of our lawyers to see if we can help you today, https://api.leadconnectorhq.com/widget/bookings/freeconsultfennellylegal3s74ma

08/01/2026

Behind every smooth property settlement is careful legal groundwork.
From deposits and titles to settlement dates, conveyancing ties every legal detail together.
Start your property journey with confidence by getting your legal foundations right.
Do you have questions about your situation? Book a free call with one of our lawyers to see if we can help you today, link in our bio.

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