Bernard Mackey

Expertise

Bernard Mackey is a Principal Lawyer at Hicks Oakley Chessell Williams with over 15 years of experience specialising in Victorian property law and conveyancing. Based across our Melbourne and Mount Waverley offices, Bernard provides strategic legal counsel to a diverse range of clients, from private homeowners to commercial developers. Initially practicing in a generalist role, Bernard transitioned to focus exclusively on property law, giving him a broad understanding of the legal landscape that benefits his clients today. He advises owners, purchasers, developers, and investors on a wide range of residential and commercial property transactions.

Bernard’s expertise includes navigating the complexities of the Transfer of Land Act, managing large-scale subdivisions, and advising on retail and commercial leasing. He is known for providing clear, practical guidance at every stage of the property lifecycle, ensuring that settlements are handled efficiently while mitigating legal and commercial risks.

His commitment to meticulous detail and direct communication ensures that his clients are well-supported, whether they are navigating a first-time purchase or managing a complex investment portfolio.

Bernard provides advice and solutions on:​

• Purchase and sale of residential, commercial and industrial properties, including off‑the‑plan acquisitions

• Due diligence, pre‑contract advice and contract negotiation for property transactions

• Residential and commercial/industrial developments and subdivisions

• Commercial and retail leasing, including landlord and tenant matters

• Complex stamp duty and duty exemption issues

• Variation and removal of restrictive covenants

• Loan agreements and related securities

• General property law issues, title problems and structuring questions

• Retirement village contracts and aged care accommodation agreements

About Bernard

Bernard enjoys spending time with family and friends, and is a keen follower of both the AFL and AFLW.

Qualifications

• Bachelor of Laws (Hons) - Deakin University 

• Bachelor of Economics - Monash University

• Graduate Diploma of Legal Practice – Australian National University

Admissions

• Supreme Court of Victoria

Memberships and Committees

• Law Institute of Victoria

Questions clients often ask

What does a property lawyer in Melbourne do?

The elevator pitch: We provide peace of mind.

The reality: I help clients across Melbourne, Mount Waverley and wider Victoria navigate property law frameworks and resolve complex issues to achieve their property goals. That might be buying their new or next home, negotiating a commercial lease in the Melbourne CBD, stepping through complex legal and tax structures, or working to resolve a dispute with a neighbour or tenant. Our property law team handles everything from first home buyer conveyancing to retirement village advice, subdivisions, and commercial landlord-tenant disputes.

What keeps you motivated in property law?

Knowing that I provide a valuable service to my clients.

We are ultimately here to help, usually in circumstances where clients are out of their comfort zone and feeling unsure about what they should be doing. We are the trusted advisor upon whom our clients rely, and we can take satisfaction from the relief and happiness our clients feel during and at the conclusion of their property matters. Whether it's a first home buyer in Mount Waverley or a business owner negotiating a commercial lease, helping clients achieve their property goals is what drives me.

What makes working at HOCW different?

HOCW walks the talk when it comes to being a culturally safe and positive place to work. Big and small decisions are grounded in our THRIVE values and great care is taken to protect them and make them a daily presence in the workplace. We actively celebrate those team members that live the values. All of this contributes to a positive workplace where we can perform well and have fun.

What's one misconception about property lawyers in Melbourne?

That all we do is conveyancing!

Whilst conveyancing and property settlement work is an important pillar for any property law team, there is a broad spectrum of work under the property law umbrella. We maintain a comprehensive property practice including subdivisions, retirement village advice, commercial leasing, loan agreements, complex stamp duty lodgements, and disputes between commercial landlords and tenants.

Moreover, we are often involved with our colleagues in different departments to advise or assist where there are property aspects or concerns. Often this includes time-sensitive advice on, for example, potential stamp duty or tax implications for a proposed settlement offer in a family law or commercial matter.

How do you tailor property law advice to different clients?

We take pride in providing a high level of service to our clients. Understanding who your client is, what their experience is, and what their goals are, provides valuable insight into what advice they want or need to receive and how best they will receive it.

Being curious in early communications not only helps establish rapport, but it lets us know what level of advice we need to be giving. A first home buyer in Melbourne might need a lot more explanation about the mechanics of a property transaction and will benefit from simple tips and suggestions that would be unnecessary for a seasoned property investor or commercial property owner.

What experience shaped how you practise property law today?

I have had the benefit of some wonderful mentors over the course of my career, who indelibly shaped how I approach my role as a property lawyer. Key character traits they all shared were humility, diligence, generosity, and kindness. These are traits I strive to emulate every day.

Some of the best advice I received over the years includes:

• We are all just people at the end of the day. Whoever is best prepared will have success.

• Be honest, even when it hurts.

• You don't know what you don't know, and that is okay.