Victorian Legal Guide
Bank of Mum & Dad
A comprehensive legal guide to family property loans in Victoria — protecting parents, informing children, and supporting practitioners.
Han & Han — Court Disregards $4.66M Parent Loan as Unenforced — The Full Court affirmed that a documented, caveat-secured parent loan of $4.66 million was disregarded in property settl…
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Why This Matters
A family gesture can become a legal dispute
With Melbourne median house prices exceeding $900,000, parental financial assistance is no longer a convenience — it is a practical necessity for many first-home buyers. But what begins as a generous family gesture can rapidly become a source of significant legal dispute when circumstances change.
Relationship breakdown, bankruptcy, the death of a parent, or a family falling-out can all transform a simple advance into a contested legal matter. The key is proper documentation, genuine security, and active enforcement — from day one.
Han & Han [2026] FedCFamC1A 54: A $4.66 million parent loan — documented and secured by caveat — was disregarded entirely by the Family Court because it had never been actively enforced. Documentation alone is not enough.
Melbourne median house price
First-home buyers receive parental help
Limitation period for a Deed (vs 6 yrs for contract)
To respond to a caveat lapsing notice
Kept Current — Automatically
This site is reviewed every three months for significant new case law, legislative changes, and LPLC guidance. The next scheduled review is 2026-08-08.
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