Profile

Full Name: Mr Philip H Barton
Email: pbarton@vicbar.com.au
Phone: +61 3 9225 7282
Chambers: Owen Dixon Chambers West
Room: 1528/1529
Date of Admission: 1 Apr 1976
Called to the Bar: 14 Sep 1978
Nationally Accredited Mediator: 3 May 2012
Accredited as Mediator: 28 Mar 1993

Profile

I am a commercial barrister specializing in property issues. I hold BA and LLM degrees and have practised as a barrister for over 30 years. I practise in –

  • Property Law
  • Probate
  • Equity/Trusts
  • Retail Tenancies
  • Land Valuation
  • Commercial Law
  • Mediation/Alternative Dispute Resolution

I appear in the Supreme, Federal and County Courts and at VCAT.

    I have written numerous articles, including in the Australian Law Journal in 1987, and approximately annually in the Law Institute Journal in which I also write book reviews. Recent LIJ articles include –

    • Testator's family maintenance - ancillary issues (forthcoming)
    • Malleability of a doctrine (proprietary estoppel) ( May 2015)
    • Interpretation of restrictive covenants (October 2013) 
    • Modifying and discharging restrictive covenants – an update (December 2012) 
    • Costs orders in Testator's Family Maintenance Proceedings (December 2011)  
    • Be aware - caveats related to constructive trusts (April 2009) Land protection - caveats lodged by a beneficiary under a unit trust (July 2008)  
    • Amendment of planning permits (January 2008)

     

    Recent papers at seminars include -

    • The contract of sale:getting it right from the beginning (Legalwise March 2016)
    • Proprietary estoppel (Television Education Network August 2015)
    • Restrictive covenants (Television Education Network May 2015)
    • The new form contract of sale (Legalwise March 2015)
    • Property Law Case Updates (Legalwise March 2014)
    • Pre-Contractual Representations (Legalwise March 2013)
    • Wills and Probate (CPDS March 2013)
    • Caveats (Leo Cussen June 2012)

     

    Other experience includes –

    • I was a reporter for the Victorian Reports for over 10 years
    • I am a former editor of the Victorian Planning Reports

    I completed the Bond University Dispute Resolution Centre Advanced Mediation Course in 2004.

    Follow Phlip's CaveatsVictoria blog 

    Areas of Practice

    Alternative Dispute Resolution (ADR)

    • Mediation

    Appellate

    • Civil Appeals

    Commercial Law

    • Competition Law & Consumer Law
    • Contractual Disputes
    • Corporations Law & Securities Law
    • Insurance Law & Professional Negligence Law
    • Property & Probate

    Environmental Law & Planning Law

    Equity & Trusts

    • Family Provision
    • Real Property
    • Wills & Probate
    From 26 Feb 2009, liability limited by a scheme approved under Professional Standards Legislation.


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