Supreme Court Hears Dispute Over McCubbin's Heritage-Listed Home
The Supreme Court of Victoria is hearing a legal dispute over the heritage-listed former home of Australian impressionist painter Frederick McCubbin. Caretaker Trevor Hoare, who has lived at the Mount Macedon property for 22 years, has applied for adverse possession. The property is owned by five joint proprietors.
The court has issued interim orders regarding possession and access while the adverse possession application is assessed. The case is set to return to court in August.
The Property and Its Heritage Status
The subject of the dispute is Fontainebleau, a 30-room timber and fibro residence at Mount Macedon.
- It was the only property owned by Frederick McCubbin in the early 1900s. McCubbin used it on weekends and holidays while teaching in Melbourne, and his family continued living there after his death in 1917.
- According to Anna Gray, former head of Australian art at the National Gallery of Australia, McCubbin painted some of his best-known works, including The Pioneer, while staying at the property.
- Historical records indicate the property was used as a guest house in the mid-1900s before returning to use as a private residence. Its Victorian Heritage Register report describes it as a "rare example of a typical guest house of the 1920s."
- The property has been listed on the Victorian Heritage Register since 2010 for its historical and architectural significance.
"McCubbin painted some of his best-known works, including The Pioneer, while staying at the property."
The Legal Dispute and Claims
The dispute is between the five joint owners of the property and Trevor Hoare, who has lived there as a caretaker for 22 years. His initial agreement was with owner Mark Cutler, made in March 2004.
Adverse Possession Application:
Mr. Hoare has applied for adverse possession of the property. This is a legal provision that allows a person to claim ownership after at least 15 years of uninterrupted, exclusive, and unauthorized possession. His application is currently under assessment by Land Use Victoria.
Statements from Legal Representatives:
- Mr. Hoare's lawyer, Kieran Hickey, stated his client is an elderly pensioner who has contributed time, labour, and money to the property's upkeep, regards it as his home, and owns no other property. Mr. Hickey stated his client does not obstruct Heritage Victoria's access for inspections or urgent repairs and was the one who previously lodged an application for a heritage claim.
- Paul Cutler's lawyer, Timothy Sowden, stated his client withdrew permission for Mr. Hoare to be at the property in February after learning of the adverse possession claim. Mr. Sowden described the situation as a "tit for tat arrangement" and said, "Neither party covered themselves in glory."
Property Condition and Court Orders
The court heard claims that the property is in a state of disrepair, with reported issues including black mould, evidence of vermin, and water collection.
- Heritage Victoria required the owners to engage a heritage consultant for a condition inspection and schedule of works. An extension was granted due to the legal proceedings.
- Paul Cutler's lawyer stated a biohazard clean for the property is estimated to cost $60,000 to make it safe to enter.
Interim Court Orders:
Associate Justice Ian Irving issued orders requiring:
- Paul Cutler to provide Trevor Hoare with possession of the property and to hand over all keys by 4 p.m. on April 8.
- Trevor Hoare to allow access for Heritage Victoria to inspect the property and undertake any urgent repairs.
The case is scheduled to return to the Supreme Court of Victoria in August.