Property Litigation
With experience working with property stakeholders from tenants to commercial investors, Aptum has the specialist expertise to handle even the most complex property disputes.
"Prior to using Aptum we had a different team assisting with a critical dispute that was significantly impacting our business. Once Aptum took over I was instantly put at ease with the level of professionalism, strategy coherence and competency that the team brought to our case."
What is property litigation?
Property litigation is the resolution of disputes over interests in land, the transactions that create or transfer those interests, and the relationships that arise from occupying, developing, or dealing with property. It covers everything from a stalled contract of sale to a multi-party joint venture dispute over a $50M development.
The disputes tend to move quickly once they crystallise. Contract completion dates, sunset clauses, caveat lodgement windows, retail leases legislation timeframes, and mortgagee sale notices all impose statutory clocks that shape how the matter has to run. Getting the strategy right early is often the difference between a defended position and an executed transfer that has to be unwound.
Aptum runs property litigation for property developers, landlords, tenants, joint venture partners, lenders, purchasers, vendors, family trusts and (through our tax practice) parties dealing with the State Revenue Office on land tax and stamp duty. The commercial focus of the practice means every matter is run with an eye to the transaction or business outcome that sits behind the dispute.
How can Aptum help?
Property involves many stakeholders from planning, development, maintenance, through to sale, which can give rise to a range of disputes.
Aptum has extensive experience representing clients in a deep breadth of property disputes, including: property development; commercial lending for property investment and development; joint venture disputes; commercial and retail leases; contracts for the sale of land; easements; rights of carriageway; and other interests in land.
Our expertise in financial services and commercial litigation provides an essential complement to the types of issues that arise in disputes involving property investment and development.
Aptum and its team have acted on behalf of landlords, tenants, developers, and investors, finding practical solutions to complex disputes, and putting in place strategies to avoid future conflict.
Where Aptum runs property litigation
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01
Contracts for the sale of land.
Specific performance, rescission, damages for breach, deposit forfeiture, disputes over conditions precedent, and disputes over the operation of standard General Conditions of Sale in each state.
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02
Off-the-plan and sunset clause disputes.
Disputes over sunset date extensions, developer termination rights, purchaser rights to compensation on developer termination, and post-completion disputes over the delivered lot not matching the contract description.
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03
Commercial lease disputes.
Rent review disputes (market rent, CPI, ratchet), option renewal disputes, make-good disputes on expiry, assignment and subletting refusals, and unlawful termination or lockout claims. Runs in state Supreme Courts, VCAT (Victoria), NCAT (NSW) and QCAT (Queensland) depending on the amount and forum jurisdiction.
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04
Retail lease disputes.
Retail Leases Act disputes in each state, including disclosure statement claims, rent review under the retail leases regime, security bond disputes, and outgoings disputes. In Victoria most retail leases matters are heard at VCAT.
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05
Property development disputes.
Disputes between developers and financiers, joint venture partners, builders, superintendents, and neighbours. Includes disputes over payment claims under the Building and Construction Industry Security of Payment Act, delay damages, defects, and termination of development agreements.
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06
Joint venture and property syndicate disputes.
Disputes between JV partners over decision-making, distributions, capital calls, exit rights, and valuation on buy-out. Where the JV is structured through a company or unit trust, the dispute often overlaps with our Shareholder and Partnership Disputes service.
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07
Easements and rights of carriageway.
Creation, variation and extinguishment of easements, disputes over the scope of an easement, disputes over the exercise of rights of carriageway, and easements by prescription or implication.
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08
Caveat disputes.
Lodgement of caveats to protect an equitable interest, applications for removal of caveats (lapse notices and Supreme Court applications), damages for wrongful caveat lodgement, and priority disputes where competing caveats have been lodged.
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09
Adverse possession claims.
Applications to be registered as the owner of land held adversely for the statutory period (12 or 15 years depending on the state), and defence of adverse possession claims by neighbouring landowners.
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10
Boundary and encroachment disputes.
Boundary determinations, encroachments by buildings and fences, disputes over the operation of the Fences Act and equivalent state legislation, and claims for removal of encroaching structures.
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11
Property in trusts.
Disputes over trust property, including where the trust holds the family home, the family farm, or a property investment portfolio. Overlaps with our Trusts and Estates Litigation service where the trust structure is the primary issue.
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12
Mortgagee sale and lender disputes.
Injunctions to restrain mortgagee sales, disputes over the exercise of the power of sale, challenges to the reasonableness of the sale price, and post-sale disputes over the distribution of surplus proceeds.
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13
Foreign investment and FIRB issues.
Disputes arising from Foreign Investment Review Board conditions, breaches of FIRB approval, and disputes over acquisition structures involving foreign persons under the Foreign Acquisitions and Takeovers Act.
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14
State tax on property.
Land tax, stamp duty, landholder duty and windfall gains tax matters cross-referred to our State Tax Disputes service.
An accomplished farmer has his property protected in a family trusts dispute
Problem. Our client was a farmer who had spent approximately 60 years prior to the dispute establishing and developing numerous farms that had grown to a combined value of more than AUD $15M.
The properties for these farms were held in a property trust, of which our client's son and his son's wife were named beneficiaries of the trust, as well as directors of the corporate trustee. Our client was named as a general beneficiary and a director of the corporate trustee.
When the farmer's son and the son's wife decided to separate, they became engaged in a family law dispute relating to the division of the trust property. The wife sought a 50% distribution from the trust on the basis that the husband and wife were entitled to 100% of the trust between them, ignoring our client's interest and significant contribution to the trust.
Aptum's role. Before Aptum was engaged, our client was effectively being ignored by the other parties to the divorce proceedings.
Using specialist corporate trust experience, Aptum's role became to intervene in the proceedings on our client's behalf so he could protect his interest in the trust.
Outcome. A negotiated outcome to this matter was achieved prior to trial that properly recognised and protected our client's interest in the property.
What stage is your property dispute at?
Property disputes move through stages, and where you're at now decides which Aptum service is the right fit.
I'm in a dispute with a counterparty over a property, a contract or a lease.
This is the right page. Aptum runs property litigation for developers, landlords, tenants, purchasers, vendors, JV partners and investors.
The property is held in a trust or an estate.
This may sit inside our Trusts and Estates Litigation service. Trust property disputes often need coordinated advice on both the trust framework and the property interests.
The dispute is between shareholders or partners inside the entity that owns the property.
You need our Shareholder and Partnership Disputes service. Property-owning company oppression claims and JV disputes often run under this framework.
The dispute is about land tax, stamp duty, landholder duty or windfall gains tax.
You need our State Tax Disputes service. SRO disputes have their own objection framework and short statutory windows.
The dispute involves a professional (valuer, surveyor, real estate agent, conveyancer) whose negligence caused the loss.
You may need our Professional Negligence service. Property-adjacent professional negligence claims often run alongside the underlying property dispute.
A lender has served a notice of default or moved to exercise the power of sale.
You need urgent advice. See our Complex Debt Recovery service for defence of enforcement action.
I'm not sure which category I'm in.
Book the 15-minute diagnostic call below. We sort the pathway question in the call.
What Aptum brings to property matters
Nigel Evans
Nigel Evans, Aptum's Managing Director and Co-Founder, leads Aptum's property litigation practice. Before founding Aptum, Nigel spent 11 years at the commercial Victorian Bar practising in commercial and property disputes. He is listed in Best Lawyers in Australia for Commercial Litigation (2026) and recognised by Doyle's Guide as a Leading Commercial Litigation and Dispute Resolution Lawyer.
David Adason
Nigel is supported by David Adason, Aptum's Associate Director. David has practised commercial litigation exclusively across his career, including a period as Associate to a Justice of the Federal Court of Australia. Doyle's Guide has recognised David as a Rising Star in Commercial Litigation and Insolvency Law. David architected Aptum's project management framework and runs the day-to-day conduct of property litigation matters.
Property disputes usually have a statutory clock
Contract completion dates, sunset clauses, caveat lapse notices, retail leases legislation deadlines and mortgagee sale windows all run on the calendar, not the litigation timetable. Missing a statutory step often closes the substantive argument. Every matter gets an early statutory-step audit.
The right forum decides the pace
Property litigation runs in state Supreme Courts, County or District Courts, VCAT/NCAT/QCAT, and sometimes the Federal Court where a Corporations Act or Foreign Acquisitions Act issue is engaged. The forum choice shapes cost, timing and interlocutory scope. We recommend a forum at the pathways assessment stage.
Property, trust and family law often overlap
The preserved case study above is a working example — a farmer's interest in trust property protected against a family law claim by intervening in the family court proceeding. Where property, trust and family law interact, Aptum coordinates with family law practitioners rather than staying in a single-issue lane.
What makes Aptum different
Specialist expertise
All we do is litigate complex commercial and tax disputes.
Legal intelligence framework
Practical, ongoing risk assessment to focus on the essential.
Project management framework
Routine documented strategy through custom project management.
Recent matter outcomes
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01
An accomplished farmer has his property protected in a family trusts dispute
See the case study above. AUD $15M farm portfolio held in a property trust, protected in family law proceedings through Aptum's intervention.
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02
A commercial tenant enforces its right to a $1.5 million payment
After surrendering a lease, a commercial tenant was entitled to receive staged payments under a negotiated agreement. Aptum analysed the contractual framework, developed a focused litigation strategy and prepared the matter for summary determination. The matter proceeded efficiently to a final hearing, where the Court found in favour of Aptum's client and praised Aptum’s approach to reducing cost and delay.
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03
A developer defends a $50 million development and leasing dispute
A property developer sought to terminate an agreement with a major retail tenant after key development approvals were not obtained. Aptum developed and implemented a strategy to defend the proceedings, manage the associated commercial risks and facilitate settlement discussions directed towards a practical commercial outcome. Aptum helped protect the developer's position in a dispute valued at approximately $50 million while advancing commercial discussions that provided alternatives to prolonged litigation.
What happens when you engage Aptum
Aptum runs every matter under our project management framework, with clear expectations on timing, cost and scope from the first call. Before you pay us anything, you get two points of contact, both free, so you know exactly where you stand. No surprises.
Value conversation (free)
If the matter is one we can help with, we bring you in for a second conversation, in person or over Teams, with the practice lead who would run your matter. You get the time and expertise of a senior practitioner who has handled matters like yours. Real expertise before you have committed to anything, not a fake triage.
Pathways assessment
Once you engage, you receive a documented strategy and a cost forecast aligned to the stages of your matter. For property litigation that typically means selecting the forum, mapping the statutory steps, identifying the surveyors, valuers or expert witnesses we'll brief, and (where relevant) lodging urgent caveats or seeking interlocutory relief.
Execution
This is the phase for pleadings, discovery, expert evidence, mediation, and either settlement or trial. Where the matter involves an active transaction, execution also covers the coordination with the transactional lawyers so the litigation doesn't derail the underlying deal. Routine documented strategy. Regular communications. A relentless focus on the essential issues.
How we manage cost
Property litigation covers a wide cost range, from a caveat removal application to a multi-party development joint venture dispute. What we commit to is one of our five client service promises: clear expectations as to the timing, costs and scope of our engagement, and updating those expectations as early as possible if anything changes.
Diagnostic call.
A 15-minute call to work out what you're facing and what statutory clocks are running.
Estimate and scope.
Once engaged, you receive a documented strategy and a cost forecast aligned to the stages of your matter. Stage-based budgets, regular reporting, and any scope changes documented and agreed in writing. Where a matter has a tight, defined scope (a caveat removal, a specific performance application, a lease notice challenge), we can give you a fixed-price option.
Litigation funding options.
Where the case has strong prospects and adequate quantum, Aptum can put a funded structure in front of you at the value conversation. Funded matters are structured to preserve the client's control of the case.
Investment mindset.
Aptum approaches every matter with an investment mindset: the most practical outcome in the shortest possible time, at the least possible cost, with the biggest possible return.
Frequently asked questions
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What is property litigation?
Property litigation is the resolution of disputes about interests in land, the transactions that create or transfer those interests, and the relationships between owners, occupiers, developers, lenders and neighbours. It covers contract of sale disputes, lease disputes, joint venture and development disputes, easement and caveat disputes, adverse possession, boundary disputes, and disputes over property held in trusts.
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How do I resolve a boundary dispute in Australia?
Boundary disputes are typically resolved by identifying the correct boundary through a licensed surveyor's evidence, then either negotiating an outcome (fence line adjustment, encroachment payment, or removal), or seeking a Supreme Court determination. Where the encroachment is by a building, the Property Law Act in each state provides remedies including payment for the encroachment or removal. Fence disputes have a separate statutory framework under each state's Fences Act.
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Can I sue for specific performance of a property contract?
Yes. Specific performance is the equitable remedy that compels the counterparty to complete the transaction. It is granted more freely in property matters than in other contract types because land is treated as unique. Time limits, notices to complete, and the plaintiff's own performance readiness all matter to the application.
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What is a caveat and how do I remove one?
A caveat is a notice lodged on the title of land to protect an equitable interest, warning the world that the caveator claims an interest and that the registered proprietor should not deal with the land without notice to the caveator. To remove a caveat you can either issue a lapse notice (which forces the caveator to commence proceedings within 21 days to sustain the caveat) or apply to the Supreme Court for removal. Wrongful lodgement of a caveat can attract damages.
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What is adverse possession in Australia?
Adverse possession is the legal principle that a person in exclusive, uninterrupted possession of land for the statutory period (12 or 15 years depending on the state) can apply to be registered as the owner in place of the original registered proprietor. The requirements are strict: possession must be open, continuous, exclusive, and hostile to the registered owner's title.
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What are my rights as a commercial or retail tenant?
Commercial tenants have the rights set out in the lease and the general law. Retail tenants also have the protections of the Retail Leases Act in their state, which imposes disclosure obligations on landlords, restricts certain rent review mechanisms, and gives tenants specific rights on assignment, security bonds and outgoings. Aptum acts for both landlords and tenants and can tell you at the diagnostic call which regime applies to your lease.
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Can I get out of an off-the-plan property contract?
Sometimes. The available rights depend on whether the sunset date has passed, whether the developer has changed the plan in a way that gives you a right to rescind, and whether any disclosure obligations were breached. Sunset clause disputes are common where the developer wants to extend the completion date and the market has moved.
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What happens if a seller of land breaches the contract?
The purchaser can seek specific performance (compelling completion), damages, or rescission with return of the deposit. Where the purchaser wants to walk away, they may also have rights under cooling-off provisions or under the Australian Consumer Law if the sale was accompanied by misleading or deceptive conduct.
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How long does a property dispute take to resolve?
Interlocutory matters (caveat removal, injunctions to restrain a mortgagee sale) can be decided in weeks. A defended contract of sale or lease dispute at final hearing typically takes 12 to 24 months in most state Supreme Courts. Development and joint venture disputes with multi-party evidence can run longer. Aptum sets stage-based expectations at the pathways assessment.
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How much does property litigation cost?
It depends on the complexity, forum and evidence depth. A caveat removal or single-issue lease dispute can resolve for under $30,000 in fees. A defended contract of sale matter typically runs $75,000 to $200,000. A complex development JV dispute with expert evidence and multi-week trial can run into the millions. At the pathways assessment we give you a stage-based cost forecast so you know what each stage will cost before you commit.
Offices
Aptum services property litigation clients across Australia from three offices.
Thinking on property litigation
Aptum publishes regularly on property, trust, and commercial litigation issues.
Get clarity on your property dispute
Property disputes have statutory clocks. The window to lodge a caveat, respond to a notice to complete, challenge a mortgagee sale or move on a lease notice is often measured in days, not months.
In a 15-minute call, Aptum's property litigation team will tell you exactly where you stand, what statutory steps you need to protect, and what the pathway to a commercial outcome looks like. No surprises.
Call (03) 7020 9230
Book your value conversation