Full Name: Philip H Barton
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


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 Philip's CaveatsVictoria blog.

Download / Print  Philip Barton's profile.  

Areas of Practice


  • Appellate
  • Consumer Protection Law
  • Contractual Disputes
  • Partnership Disputes
  • Professional Liability
  • Real Property


  • Civil Appeals


  • Appellate
  • Family Provision
  • Real Property
  • Trusts
  • Wills and Probate

Environment and Planning

  • Compulsory acquisition of land compensation
  • Valuation of land - rating and tax appeals

Alternative Dispute Resolution

  • Mediators

Areas of Mediation

Alternative Dispute Resolution

  • Mediators
From 26 Feb 2009, liability limited by a scheme approved under Professional Standards Legislation.

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