Mr Brett Harding

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Brett practises in property law, general commercial law and public law.

Before coming to the Bar, Brett was 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 in the public law practice group.

Brett is also a Lecturer in Property Law at Monash University.

Since coming to the Bar, Brett has appeared in a variety of matters in the Supreme Court, including:

  • enforcement of mortgages and guarantees over land;
  • removal of caveat applications;
  • fraudulent land transfers;
  • commercial contract disputes;
  • freezing order (Mareva) injunctions;
  • receivership, winding up and statutory demand applications; and
  • stay applications.

Brett has also appeared in the Victorian Civil and Administrative Tribunal in retail leasing disputes and sale and division of property applications.

Brett has advised on a range of matters, including:

  • equitable interests in land (eg constructive trusts);
  • retail and commercial leases;
  • contracts for the sale of land;
  • the mortgagee verification of identity provisions under the Transfer of Land Act 1958 (Vic);
  • sale and division of property proceedings in VCAT;
  • the effects of bankruptcy on real property ownership;
  • Foreign Investment Review Board applications;
  • commercial contracts;
  • legal disciplinary proceedings;
  • commercial trusts;
  • insurance contracts; and
  • contempt proceedings.


Property law

Brett has an extensive knowledge of property law. He has published significant papers in several prominent law journals such as the Australian Property Law Journal and Property Law Review. Brett’s analysis was adopted in the leading property law textbook Sackville and Neave Australian Property Law and other leading academic articles. Brett has particular expertise in mortgage and securities law, and fraudulent land dealings.

Public law

Brett has considerable experience in public law. As a lawyer at Maddocks, he worked on a wide variety of advice and litigious matters for government departments, statutory authorities and local councils. Brett’s work included advising government departments and authorities on the exercise of their statutory powers, conducting land valuation disputes in the Supreme Court of Victoria and the Victorian Civil and Administrative Tribunal, and conducting prosecutions on behalf of local government. While at Maddocks, Brett undertook a secondment at the Department of Education and Early Childhood Development, where he dealt with freedom of information and privacy law matters.

While Brett worked for Justice Emerton, her Honour regularly heard judicial review applications, appeals on a question of law from lower courts and tribunals, and land valuation disputes. He also coordinated one of the Court’s specialist lists – the Valuation, Compensation and Planning List.

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, 'Vertification of Identity Provisions: As simple as it seems?' (Forthcoming).

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

He read with Hamish Redd. His senior mentor was Rowena Orr QC.

Professional Memberships

Commercial Bar Association - Banking and Finance

Liability limited by a scheme approved under Professional Standards legislation.

Formal Details 0

  • Admitted to Practice
    12 November 2013
  • First Signing Bar Roll
    05 May 2016
  • Qualifications
    Bachelor of Laws (First Class Honours) (Monash)