Toorak conveyancer — fixed-fee conveyancing from $660, with a senior lawyer who actually reads your Section 32

At a glance — Toorak conveyancing

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Buying or selling property in Toorak?

Conveyancing in Toorak is the legal work of transferring property ownership in the 3142 postcode — Australia's most expensive residential suburb, 5 kilometres southeast of Melbourne's CBD, where median house prices regularly exceed $5 million and trophy homes change hands in the $15-50 million range. Toorak sits within Stonnington City Council, anchored by Toorak Road and the Toorak Village retail precinct around the corner of Toorak Road and Williams Road. The suburb is house-dominant — substantial Federation, Edwardian, inter-war, and modern architect-designed residences on substantial blocks — alongside premium apartment buildings along Toorak Road, St Georges Road, and around the village. Premium private schools (Geelong Grammar, Scotch College, MLC, St Catherine's, and others) draw families to the suburb. Substantial heritage residential stock, substantial foreign buyer interest, and substantial trust and discretionary ownership structures all add complexity to transactions. At Fogarty Oliver Rothschild, principal lawyer Elisa Rothschild BA/LLB has handled property and conveyancing matters since 2012 from the firm's office at 84 Chapel Street, St Kilda — about 6 kilometres from Toorak Village. Our conveyancing is senior-lawyer reviewed, with standard fixed fees from $660 to $990 plus disbursements at cost; ultra-complex matters (multi-title trophy properties, foreign-buyer trust structures, complex covenant matters) attract a bespoke quote agreed at consultation.

Book a free 15-minute consultation → | Call 0480 031 704

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Why does conveyancing in Toorak actually matter?

Toorak is unlike any other residential market in Australia. Premium prices, substantial foreign buyer interest, complex ownership structures, substantial heritage controls, and a property mix that ranges from $1.2M apartments to $50M trophy estates — all in one postcode.

What's actually sitting in Toorak:

• Trophy estates — substantial Federation, Edwardian, and inter-war mansions on substantial blocks — often individually heritage-significant, frequently changing hands in off-market transactions, often owned through trust or discretionary structures
• Substantial family residences — across most established streets — typically Edwardian, Federation, or substantial inter-war homes on 800-1,500 square metre blocks — typically heritage-overlay protected
• Modern architect-designed rebuilds — Toorak has substantial high-quality rebuild activity, with contemporary luxury homes replacing older stock subject to heritage controls
• Premium apartment buildings — concentrated along Toorak Road, St Georges Road, and around the village — Art Deco buildings alongside contemporary luxury developments
• The Toorak Village precinct — premium retail, dining, and professional services around the Toorak Road / Williams Road intersection — mixed-use buildings with residential above commercial
• Premium private school catchments — Toorak families typically have access to most of Melbourne's premium private schools; some properties trade at premiums for walking-distance access to specific schools
• Substantial restrictive covenants — many Toorak titles carry restrictive covenants from the original subdivisions (heights, materials, setbacks) that can substantially affect rebuild plans

The Section 32 vendor statement is where complexity hides. Under section 32 of the Sale of Land Act 1962 (Vic), the seller must disclose prescribed information. For Toorak, the highest-stakes issues are heritage classification implications for renovation or rebuild plans, restrictive covenant compliance for any new building, FIRB compliance for foreign buyer transactions, and trust and discretionary ownership structure handling.

For trophy and ultra-premium transactions, templated conveyancing simply doesn't address the substantive issues. The cheap $440 online conveyancers can't help with FIRB compliance, complex covenant analysis, multi-title transactions, or trust-structured purchases. Senior-lawyer review isn't a premium option — it's the only option that addresses what these transactions actually require.

A 2024 Toorak matter: A foreign buyer family came to us reviewing a Section 32 on a $14M trophy property. The transaction was structured through a discretionary trust to be settled in Australia, FIRB approval was required, the property was heritage-classified "Significant," and substantial 1920s restrictive covenants on the title affected the buyer's planned modifications. The Section 32 disclosed the basic facts but didn't address how the heritage classification, covenants, and FIRB conditions interacted. Our review pulled the heritage citation, analysed each covenant, identified two covenants likely to be incompatible with the buyer's plans, and structured the FIRB conditions. Buyer proceeded with adjusted plans and full understanding. Settlement clean.

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What's included in the fee?

Standard residential transactions are fixed-fee. Ultra-complex Toorak matters (multi-title trophy properties, foreign-buyer trust structures, complex covenant matters) attract a bespoke quote agreed at consultation.

If you're buying:

• Pre-contract review of contract and Section 32 (1–3 business days)
• Stonnington heritage overlay analysis including heritage citation review
• Restrictive covenant analysis — particularly important for Toorak titles with 1920s and earlier covenants
• FIRB compliance coordination for foreign buyer transactions
• Trust and discretionary structure handling for trust-purchased property
• Identification of red flags requiring further inquiry
• Recommendation of any special conditions for your offer
• All required title searches, certificate ordering, pre-settlement inquiries
• Owners corporation certificate review (Form 23 under the Owners Corporations Act 2006) where applicable
• Council rates and water authority searches
• Adjustment calculations
• Bank, mortgage broker, and counterparty liaison
• Stamp duty coordination to the State Revenue Office — including foreign-buyer additional duty where applicable
• PEXA settlement booking, attendance, follow-up

If you're selling:

• Section 32 preparation and verification
• Heritage overlay disclosure properly worded
• Restrictive covenant disclosure
• Contract of sale preparation
• Owners corporation document ordering where applicable
• Title and outgoings searches
• Negotiation of special conditions
• PEXA settlement coordination
• Mortgage discharge coordination

Where you'll sit:

• $660–$990 fixed fee — Standard Toorak transactions (apartments, smaller houses, straightforward heritage matters)
• Bespoke quote — Multi-title trophy properties, foreign-buyer trust structures, complex covenant matters, ongoing OC litigation matters, multi-jurisdictional matters. Quote agreed at the free consultation before any work commences.

Book your free 15-minute consultation →

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How is fixed-fee conveyancing different from cheap online services?

For most Toorak matters, the comparison isn't between Fogarty Oliver Rothschild and cheap online conveyancers — the online services simply can't handle FIRB transactions, trust structures, or complex covenant matters. But for straightforward residential matters, the comparison stands.

For Toorak — where transactions routinely involve issues that templated services simply can't handle — senior-lawyer review is the only realistic option.

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What does a Section 32 vendor statement actually need to include in Victoria?

The Section 32 vendor statement (named after section 32 of the Sale of Land Act 1962) discloses prescribed information about the property.

Mandatory inclusions:

• Title particulars and registered proprietor
• Encumbrances — mortgages, caveats, easements, restrictive covenants
• Planning information — zoning and overlays
• Outgoings — council rates, water rates, owners corporation fees, land tax
• Notices and orders
• Services — water, sewerage, gas, electricity
• Building permits in the last 7 years
• Owners corporation information (Form 23) for strata-titled properties
• Insurance status for strata-titled properties

For Toorak specifically:

Restrictive covenants. Many Toorak titles carry restrictive covenants from the original subdivisions of the 1880s through 1930s. Typical provisions include height restrictions, materials restrictions (e.g., "no building shall be erected other than of brick or stone"), setback requirements, and prohibitions on commercial use. Some covenants are easy to comply with; others substantially restrict development. Modification or removal requires application to the Supreme Court or VCAT and isn't guaranteed.

Heritage classification. Stonnington City Council maintains substantial heritage overlays across Toorak. The "Significant" classification (highest protection) typically applies to individually-significant grand residences and means demolition will be refused and substantial alterations are difficult. The "Contributory" classification applies to most other heritage-overlay properties. The "Within Precinct" classification applies to streetscape protection.

FIRB compliance. For foreign buyers, the Foreign Investment Review Board approval process needs to align with the conveyancing timeline. Application timing, conditions, and post-settlement compliance all matter.

Trust and discretionary ownership. Property held in trust structures or being purchased into trust structures needs careful handling. Stamp duty implications, beneficial ownership disclosure, and structuring for asset protection or tax purposes all matter.

Off-market transaction disclosure. Many Toorak transactions are off-market — agent-introduced rather than publicly listed. The Section 32 obligations are the same, but the buyer has typically not had the benefit of public competition or extensive pre-contract investigation. Senior-lawyer review is particularly important in off-market matters.

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What about owners corporation issues in Toorak apartments?

Toorak's premium apartment stock — concentrated along Toorak Road, St Georges Road, and around the village — ranges from substantial Art Deco buildings to contemporary luxury developments. The owners corporation certificate (Form 23 under the Owners Corporations Act 2006) discloses prescribed information.

What needs checking:

• Current annual levy and what it covers
• Special levies recent and anticipated
• Maintenance fund balance
• Recent minutes
• By-laws including any restrictions on short-term letting
• Building defects, particularly for newer developments
• Litigation involving the owners corporation
• Insurance currency and adequacy

For Toorak apartments:

Premium new developments with defect liability. Some mid-2010s to early-2020s premium developments are working through building defect matters. Special levies in premium buildings can be substantial — five-figure-per-unit levies are not unusual.

Premium Art Deco buildings with substantial maintenance demands. Substantial Art Deco buildings throughout the suburb. Maintenance funds need to be substantial; where they're not, special levies follow.

Premium boutique buildings. Many Toorak apartment buildings are small (4-20 units). OC dynamics in small buildings can be complex — one or two owners often dominate decision-making, and disputes can be difficult to resolve.

A 2024 Toorak matter: A buyer reviewing a Section 32 on a $2.6M two-bedroom apartment in a 2017-built premium development on St Georges Road. Form 23 showed annual levies. Recent minutes disclosed the OC was in mediation with the developer over cladding rectification work, with special levies estimated at $80-$120K per unit over the next 24 months. Buyer renegotiated by $95K to reflect the disclosed risk, then proceeded.

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Can you handle FIRB transactions, trust structures, and complex matters?

Yes. The full range of Toorak transactions handled in-house.

FIRB-required transactions. Common in Toorak. In-house. Direct Israeli and Thai professional contacts; appropriate support for Chinese, US, UK, Singaporean, and other foreign buyers. FIRB conditions, timing, and post-settlement compliance all coordinated as part of the conveyancing.

Trust and discretionary structure handling. Property purchased through trust structures, discretionary trusts, or company structures handled in-house. Stamp duty implications coordinated with the buyer's accountant or tax adviser.

Restrictive covenant analysis and removal applications. Detailed covenant review pre-contract; where covenants are incompatible with buyer plans, advice on modification or removal applications under the Property Law Act 1958.

Off-market trophy transactions. Off-market transactions involve specific protections — pre-contract investigation, conditional offers, and substantive Section 32 review where the buyer hasn't had the benefit of public competition.

Subdivision conveyancing. Some larger Toorak blocks have subdivision potential. Heritage overlays typically restrict what can be built on a second lot.

Off-the-plan apartments. New Toorak developments along Toorak Road and around the village need careful contract review — sunset clauses, change-of-plan provisions, defect rectification arrangements, and stamp duty timing all matter.

Commercial conveyancing. Toorak Road and Toorak Village commercial property purchases, sales, and lease assignments.

Family-law related transfers. Property transfers as part of separation settlements under section 90B of the Family Law Act 1975. Property settlements involving substantial Toorak homes are often complex — multiple titles, trust ownership, premium values. Coordinating family law and conveyancing in one firm avoids timing problems and ensures stamp duty exemption is properly claimed.

Demolition and rebuild matters. Where a Toorak property is purchased for demolition and rebuild, the conveyancing needs to verify heritage classification, all restrictive covenants, building permit feasibility, and any planning permit history for the area.

Discuss your specific matter — book a free consultation →

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How long does conveyancing take in Toorak?

Standard industry timelines apply. Complex matters (FIRB, trust structures, multi-title) may need longer pre-settlement periods to coordinate.

For a buyer:

For a seller:

For urgent matters, faster turnaround available. Call 0480 031 704.

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What goes wrong without proper conveyancing review in Toorak?

Three specific Toorak risks:

1. Restrictive covenant blocking rebuild plans. A buyer purchases a Toorak property intending to demolish and rebuild a contemporary home. The Section 32 discloses restrictive covenants from a 1920s subdivision — heights restricted to two storeys, materials restricted to brick or stone, prohibition on commercial use. The buyer's design includes a three-storey contemporary structure with substantial steel and glass. The design isn't compatible with the covenants. Modification or removal requires Supreme Court or VCAT application with uncertain outcome.

2. Heritage "Significant" classification refusing demolition. A buyer purchases an Edwardian intending demolition and contemporary rebuild. The Section 32 discloses heritage overlay. The buyer assumes "heritage" means controls on alterations. The property is actually classified "Significant" — meaning demolition would almost certainly be refused, and any new building must substantially retain the existing heritage character. Multi-million dollar purchase doesn't support intended use.

3. FIRB condition non-compliance. A foreign buyer purchases without proper FIRB coordination. After settlement, it emerges that FIRB approval wasn't obtained for the transaction (or wasn't obtained in the correct form for the buyer's structure). Penalties under the Foreign Acquisitions and Takeovers Act can be substantial; forced divestiture is possible.

Each preventable with proper review.

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What happens when you call us about a Toorak property matter?

The first 15 minutes are free.

1. You call or send an enquiry. Team takes name, contact, brief outline.
2. Elisa returns your call personally — same day or first thing next morning.
3. The free 15-minute consultation covers what you're doing, the transaction structure (including any FIRB or trust elements), and any urgent issues.
4. Got a contract or Section 32? Send by email. Written review within 1–3 business days.
5. If we proceed, fixed fee or bespoke quote agreed at consultation before any work commences.
6. Through to settlement, Elisa runs the matter personally, coordinating with your accountant, tax adviser, and FIRB-related professionals as required.

Book a free 15-minute consultation → | Call 0480 031 704

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Recent Toorak matters we've handled (anonymised)

The $14M trophy property with multiple complexities. A 2024 foreign buyer purchase of a $14M heritage-classified trophy property through a discretionary trust. FIRB approval required, "Significant" heritage classification, 1920s restrictive covenants on title affecting buyer's plans. We pulled the heritage citation, analysed each covenant, identified two covenants likely incompatible with the buyer's plans, and structured the FIRB conditions. Buyer proceeded with adjusted plans and full understanding.

The St Georges Road cladding rectification. A 2024 buyer on a $2.6M premium apartment in a 2017-built development. Our review identified pending cladding rectification with $80-120K per unit special levy expected. Buyer renegotiated by $95K and proceeded with informed eyes.

The Toorak Village mixed-use covenant. A 2025 buyer of a $3.8M property near Toorak Village intending substantial rebuild. Original subdivision covenants restricted building heights and required setbacks incompatible with the buyer's planned modern home. We assessed covenant modification feasibility — likely successful via VCAT application but with 6-9 month timeline. Buyer renegotiated price to reflect the timing and procedural risk.

(Client names withheld. Identifying details modified.)

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About Elisa Rothschild — your conveyancer

Elisa Rothschild BA/LLB

• Principal lawyer, Fogarty Oliver Rothschild
• 14 years in practice (since 2012)
• Member, Law Institute of Victoria
• Conveyancing handled in-house as a senior-lawyer-reviewed service
• Property law, family law, wills and estates — all in one practice
• Substantial work with high-net-worth Stonnington clients including premium property settlement matters, trust-structured ownership, and FIRB-required transactions
• Working relationships with mortgage brokers, building inspectors, surveyors, town planners, and tax advisers across Melbourne
• Direct international professional contacts in Israel and Thailand for foreign-buyer transactions; appropriate support for Chinese, US, UK, Singaporean, and other foreign buyers

Office: 84 Chapel Street, St Kilda VIC 3182 — about 6 kilometres from Toorak Village.

Read more about Elisa →

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Frequently asked questions

How much does conveyancing cost in Toorak?

Standard Toorak transactions (apartments, smaller houses, straightforward heritage matters) are $660–$990 fixed fee. Ultra-complex matters (multi-title trophy properties, foreign-buyer trust structures, complex covenant matters) attract a bespoke quote agreed at the free consultation before any work commences. Disbursements are charged at cost with no markup. Stamp duty is statutory and paid separately to the State Revenue Office.

Why isn't there a single fixed fee for everything?

Because Toorak transactions vary enormously. A $1.2M apartment with a clean title is a standard transaction at $660-$770. A $25M heritage-classified trophy property purchased through a discretionary trust with FIRB approval and substantial restrictive covenants is a multi-week piece of work. Quoting both at the same fixed fee would be misleading. We agree the fee at consultation before any work commences.

Do you handle FIRB-required foreign buyer transactions?

Yes. FIRB-required conveyancing is in-house and common in Toorak given substantial foreign buyer interest. Direct Israeli and Thai professional contacts; appropriate support for Chinese, US, UK, Singaporean, and other foreign buyers. FIRB conditions, timing, and post-settlement compliance all coordinated.

Do you handle trust-structured purchases?

Yes. Property purchased through trust structures, discretionary trusts, or company structures handled in-house. Stamp duty implications coordinated with your accountant or tax adviser. Where additional adviser support is needed, working relationships with Melbourne tax advisers and corporate lawyers.

My target property has restrictive covenants from the 1920s. What does that mean?

Restrictive covenants can substantially affect what you can build — height restrictions, materials requirements, building setbacks, prohibitions on commercial use. Some are easy to comply with; others substantially restrict development potential. Modification or removal requires application to the Supreme Court or VCAT and isn't guaranteed. We review covenants pre-contract and flag any incompatible with your plans.

Is my property protected by Stonnington heritage overlay?

Most established Toorak streets are heritage-overlay protected. Properties may be classified "Significant" (highest protection — demolition typically refused), "Contributory" (moderate protection), or "Within Precinct" (limited protection). The classification substantially affects what you can do.

I want to demolish and rebuild. Can I check that's possible before buying?

Yes — this is exactly the kind of pre-contract review that prevents expensive mistakes. We review heritage classification, all restrictive covenants on title, the Stonnington planning permit history for the area, and give you a realistic assessment of demolition and rebuild feasibility before you commit.

My target apartment is in a newer premium building. What should I worry about?

Building defects are the recurring issue. Several premium developments are working through cladding, façade, or waterproofing defects. Special levies in premium Toorak buildings can be substantial — five-figure-per-unit levies are not unusual. Form 23 might not disclose pending levies; the minutes do.

Can you act if I'm buying at auction this weekend?

Yes for standard residential matters. For complex matters (FIRB, trust structures, off-market trophy transactions), auction timeframes don't always allow proper structuring. Call early to discuss feasibility.

The transaction is off-market. Does that change anything?

Yes — off-market transactions involve specific protections because the buyer hasn't had the benefit of public competition or extensive pre-contract investigation. Senior-lawyer Section 32 review is particularly important in off-market matters; we treat these as high-priority pre-contract reviews.

How long does conveyancing take?

Standard residential matters: 30, 60, or 90 days from contract signing. FIRB matters: 30 days additional for FIRB approval. Trust structures: typically settlement timing aligned with structure establishment.

Are you a conveyancer or a solicitor?

Elisa Rothschild is a solicitor — admitted in Victoria, member of the Law Institute of Victoria. Solicitors can perform conveyancing work and have broader legal capacity than licensed conveyancers. For Toorak matters that routinely involve FIRB, trust structures, restrictive covenants, and family law dimensions, having a solicitor handle the matter is essential.

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Ready to discuss your property matter?

The first 15 minutes are free.

📞 Call 0480 031 704

📧 elisa@fogartyoliverandrothschild.com.au

📍 84 Chapel Street, St Kilda VIC 3182 — about 6km from Toorak Village.

🌐 Book a free 15-minute consultation online →

Hours: Monday to Friday, 9am–5pm. After-hours for auction weeks and time-sensitive trophy transactions.

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