Philip H Barton


Barrister | Accredited Mediator

Blog:
https://caveatsvictoria.blog/
Admitted:
1 Apr 1976
Bar:
14 Sep 1978
Location:
Room 1528, Owen Dixon Chambers West,
525 Lonsdale Street, Melbourne, 3000
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

I am a commercial barrister specializing in property issues.  I hold BA and LLM degrees and have practised as a barrister for over 40 years.  I practise in –

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

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

I am the author of the CaveatsVictoria blog.

 

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

  • Co-Ownership Disputes – Update (April 2021)
  • Concealment and sale of Land (October 2020)
  • Caveats and contracts of sale (November 2019)
  • Electronic contracts in Victoria (September 2018)
  • Co-ownership disputes (August 2018)
  • Informal Wills (May 2018)
  • Testator’s family maintenance – Ancillary issues (June 2017)
  • Malleability of a doctrine (proprietary estoppel) (May 2015)
  • Interpretation of restrictive covenants (October 2013)

 

I give regular seminar papers.  Recent papers are – 

  • Victorian Cases on Contracts of Sale of Land and on Forged Mortgages in 2021 (November 2021, Foleys List)
  • Insights into Co-ownership Disputes (August 2021, Law Institute of Victoria)
  • Recent Cases on Performance and Breach of Contracts of Sale of Land (March 2021, Foleys List)
  • Non-Disclosure, Sale of Land and Litigation (February 2021, Leo Cussen Centre for Law)
  • Recent Cases on Formation of Contracts of Sale of Land (November 2020, Foleys List)
  • Exclusion Clauses (June 2020, Leo Cussen Centre for Law)
  • Co-ownership Disputes (July 2020, Foleys List)
  • Caveats (May 2020, Law Institute Commercial Litigation Specialist Study Group)
  • Caveats under the Transfer of Land Act (April 2020, Foleys List).
  • Terminating Commercial Leases (August 2019, Leo Cussen Centre for Law)

 

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 and the National Mediator Accreditation Course conducted by Cyngler Consulting in 2020.  I am accredited under the Australian National Mediator Accreditation System.

Follow Philip's CaveatsVictoria blog.

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.

AREAS OF PRACTICE

Alternative Dispute Resolution (ADR)
Appellate
Commercial Law
Common Law
Environmental Law & Planning Law
Equity & Trusts
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Profile1

I am a commercial barrister specializing in property issues.  I hold BA and LLM degrees and have practised as a barrister for over 40 years.  I practise in –

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

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

I am the author of the CaveatsVictoria blog.

 

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

  • Co-Ownership Disputes – Update (April 2021)
  • Concealment and sale of Land (October 2020)
  • Caveats and contracts of sale (November 2019)
  • Electronic contracts in Victoria (September 2018)
  • Co-ownership disputes (August 2018)
  • Informal Wills (May 2018)
  • Testator’s family maintenance – Ancillary issues (June 2017)
  • Malleability of a doctrine (proprietary estoppel) (May 2015)
  • Interpretation of restrictive covenants (October 2013)

 

I give regular seminar papers.  Recent papers are – 

  • Victorian Cases on Contracts of Sale of Land and on Forged Mortgages in 2021 (November 2021, Foleys List)
  • Insights into Co-ownership Disputes (August 2021, Law Institute of Victoria)
  • Recent Cases on Performance and Breach of Contracts of Sale of Land (March 2021, Foleys List)
  • Non-Disclosure, Sale of Land and Litigation (February 2021, Leo Cussen Centre for Law)
  • Recent Cases on Formation of Contracts of Sale of Land (November 2020, Foleys List)
  • Exclusion Clauses (June 2020, Leo Cussen Centre for Law)
  • Co-ownership Disputes (July 2020, Foleys List)
  • Caveats (May 2020, Law Institute Commercial Litigation Specialist Study Group)
  • Caveats under the Transfer of Land Act (April 2020, Foleys List).
  • Terminating Commercial Leases (August 2019, Leo Cussen Centre for Law)

 

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 and the National Mediator Accreditation Course conducted by Cyngler Consulting in 2020.  I am accredited under the Australian National Mediator Accreditation System.

Follow Philip's CaveatsVictoria blog.