Proceedings in relation to rights over real property are suitable for initiation in the Property List of the Common Law Division, including proceedings for summary possession or sale under the Rules and proceedings arising under the Property Law Act 1958, the Transfer of Land Act 1958 and the Sale of Land Act 1962.
Practice Note SC CL 13 Property List (First revision) provides more detailed information on the types of proceedings suitable for inclusion in the list.
Commercial proceedings involving property transactions will continue to be initiated in the Commercial Court. In particular, mortgage default proceedings will continue to be initiated in the Commercial Court and administratively managed by the Civil team in the Registry.
Judge in Charge
The Honourable Justice McDonald
The Honourable Justice Harris
Associate Judge
The Honourable Associate Justice Irving
Judicial Registrar
Judicial Registrar Lorenz
Judicial Registrar Burgess
Proceedings in the Property List are typically managed by associate judges or a judicial registrar sitting in the Associate Judges' Practice Court (Court 2). A significant proportion of these matters fall within the jurisdiction of associate judges for final determination (for example, summary possession and the modification of restrictive covenants).
Associate judges and the judicial registrar also undertake the pre-trial management of proceedings. In line with the practice in other Common Law Division lists, the Practice Note provides for a final directions hearing before the Judge in Charge in matters that are to be tried by a judge in the Trial Division.
Urgent applications not falling within the jurisdiction of an associate judge, such as caveat removals, will typically be heard in the Practice Court.
Practice Note SC CL 13 Property List (First revision) provides information on how to obtain a hearing time for applications as well as further guidance on management of proceedings in the List.
2026 dates
| Month | Date |
|---|---|
| January | - |
| February | 3, 17 |
| March | 3, 17, 31 |
| April | 21 |
| May | 5, 19 |
| June | 2, 16, 30 |
| July | 14, 28 |
| August | 11, 25 |
| September | 8, 22 |
| October | 13, 27 |
| November | 10, 24 |
| December | 8 |
Directions dates are subject to change.
A Guide to Practitioners: Applications for the Modification or Discharge of Restrictive Covenants has been developed by the Associate Judges of the Court to provide practical assistance to litigants making applications under s 84 of the Property Law Act 1958 and should be read in conjunction with the Practice Note above.
Information for Objectors provides basic information for potential objectors to applications for the modification or discharge of a restrictive covenant.
Parties are reminded of the requirement to order transcript for trials and should consider the requirements for ordering transcript contained in Practice Note SC GEN 7 Transcripts in Civil Proceedings (Second revision).
Enquiries in relation to the Property List should be directed to: cebcregl@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@ytreporp
Contact details for the chambers of judicial officers in the List may be found at judicial support contacts.
Lake Eildon Country Club Ltd (ACN 005 642 937) v Marchelleen Pty Ltd (ACN 005 104 478) & Ors
What is the proceeding about?
This proceeding is brought by the Lake Eildon Country Club Ltd (ACN 005 642 937) (the Club).
This proceeding was originally brought by the Club in the Victorian Civil and Administrative Tribunal (VCAT). On 2 April 2025, the proceeding was referred to the Supreme Court of Victoria pursuant to orders of VCAT.
The defendants to this proceeding (Members) are members of the Club and owners of fractional interests in the land located at 50 Banamum Road, Mansfield, Victoria 3722 (Property).
In the proceeding, the Club seeks to give effect to the resolutions passed at an Extraordinary General Meeting of the applicant on 15 July 2023 to obtain orders in respect of the Property and the Club, including:
a. the appointment of Simon Thorn and Bradley Tonks (the Trustees), both of PKF Newcastle (755 Hunter Street, Newcastle West, NSW 2302) as the trustees of the Property, and to give them powers to sell the Property
b. orders permitting the Trustees to terminate the lease held by the Club over the Property (the Lease)
c. and orders giving effect to the winding up of the Club.
Important information about Members’ options
Members may not opt out of the proceeding. However, Members are not required to take any steps in relation to the proceeding.
There are two options available to Members:
Option 1: Do nothing
Members are not required to take any steps in relation to the proceeding.
If a Member does not take any steps, the Court may make orders in their absence, including for the appointment of Trustees, for the sale of the Property and the winding up of the Club.
Members will not become liable for costs if they choose to do nothing.
Option 2: Participate in Proceeding
If a Member wishes to be heard in the proceeding or oppose the orders being sought, they may choose to appear in Court in person or by a legal representative who can appear on their behalf.
If a Member wishes to be heard, they should give notice by sending an email to McCullough Robertson, the solicitors for the Club, at the following email address: ynxrrvyqba@zpphyybhdu.pbz.nhua.moc.hquolluccm@nodlieekal .
McCullough Robertson will notify the Court that the Member wishes to be heard on the orders sought by the Club, and will provide details as to how to appear in Court.
Members are not required to file any documents with the Court.
If a Member chooses to be heard in the Supreme Court Proceeding or oppose the orders being sought, the Court may make orders in relation to costs, including that a Member pay the legal costs of other parties, including the Club.