Matthew commenced practise in 2002 and engaged in general practise until joining Best Hooper’s litigation team in early 2006. Matthew became a Principal of the firm in 2013.
Matthew’s core practise is land and building law. For over a decade, he has been involved in advising and acting for clients in matters involving difficult concepts and factual backgrounds which have enabled him to hone his expertise in land related dispute resolution.
Land Use Law
- Common law claims (e.g. nuisance claims such as noise allegations including those under the Public Health and Wellbeing Act; claims relating to trespass including by an encroaching building, crane, ground anchor or tree; alleged negligent misstatements by public authorities relating to land; loss of opportunity claims);
- Fencing and boundary disputes (including adverse possession claims);
- Interpreting and advising clients of their options in relation to easements, roads and other issues affecting land titles and subdivisions (particularly land which is the subject of a proposed development application);
- Investigating delays in greenfield developments and providing advice to developers or authorities regarding liability;
- Advising private clients in relation to transactions involving Crown Land and Crown Leases;
- Advising Owners Corporations or individual lot owners in relation to damage to, or the proposed development/alteration of common property;
- Acting for claimants in compulsory acquisitions by Federal Government Authorities (Lands Acquisition Act);
- Acting for claimants in compulsory acquisitions by Victorian Government Authorities (Land Acquisition and Compensation Act).
- Protection works notices under the Building Act;
- Appeals in relation to Building Notices and Orders;
- Claims under the Domestic Building Contracts Act;
- Building contracts.
- AAT appeals and Judicial Review applications in the Federal Court under the ADJR Act (particularly matters involving new pharmacy locations regulated under the National Health Act).
Matthew acts for a wide range of clients including individuals, small and large corporations, trustees, government agencies and councils. His particular strength is a broad knowledge and experience base in land and building law.
Matthew conducts litigation in Victorian Courts and Tribunals (VCAT, Magistrates Court, County Court, Supreme Court of Victoria) and also in the Federal jurisdiction (AAT, Federal Court).
Matthew’s litigation experience includes the following notable cases;
- Janney & Foti v Steller Works Pty Ltd  VSC 363 (Injunction, trespass relating to crane oversail in Elwood)
- Secretary, Department of Economic Development, Jobs, Transport and Resources v Stella  VSC 260 (Self Managed Super Fund affected by compulsory acquisition);
- Hoskin v Greater Bendigo City Council  VSCA 350 (was subject to a special leave application to the High Court which was dismissed on 15 June 2016 – see Hoskin & Anor v VCAT & Ors  HCASL 132) (the Bendigo Mosque case);
- Yu v Minister For Health  FCA 261; 300 ALR 121; 133 ALD 522 (the Kilmore Pharmacy case);
- Chapman v Plenty Views Pty Ltd  VCC 1271 (Golf Balls from adjoining driving range causing nuisance).
articles by Matthew Francke
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