Trevor Hoare, a 70‑year‑old pensioner, has lived at the former painter’s residence, known as Fontainebleau, for 22 years under a 2004 lease with Mark Cutler. The house, listed on the Victorian Heritage Register since 2010, has deteriorated into a biohazard, with black mould, vermin and leaking rainwater bins.
In November 2025, Hoare filed an adverse possession claim, withdrew it, and re‑filed in February 2026. Under Victorian law, a claimant must prove 15 years of uninterrupted, exclusive, unauthorised occupation. Hoare’s lawyer, Kieran Hickey, argued that the caretaker had invested time, labour and money into maintaining the 30‑room timber and fibro structure.
The dispute escalated after Paul Cutler ordered new locks in March, shortly after Hoare had first installed his own. Cutler’s counsel, Timothy Sowden, told the court that the Cutler brothers had withdrawn permission for Hoare to remain after learning of the claim. Associate Justice Ian Irving ordered the Cutlers to hand over all keys by 4 pm on 8 April and to allow Heritage Victoria to inspect and carry out urgent repairs.
Heritage Victoria, which had required a schedule of works by February 2026, estimated a biohazard clean at $60,000. The heritage consultant report will be used by the court to assess the condition of the property. The parties have yet to settle the ownership, and the next hearing is set for August 2026.
The case sits at the crossroads of heritage preservation, property law and personal stewardship. The outcome will determine whether a caretaker’s long‑term occupation can override the joint ownership of five proprietors, and whether the historic house will be restored or face demolition.