Practice area

Litigation & Dispute Resolution.

Resources on civil litigation and dispute resolution — court proceedings, mediation, alternative dispute resolution and the strategic decisions that shape commercial and personal disputes.

All articles in litigation & dispute resolution.

How to Make a Family Provision (TFM) Claim in Victoria

The applicant's chronological guide to a family provision (TFM) claim under Part IV of the Administration and Probate Act 1958 (Vic) — assessment, preserving your position, the six-month period, evidence, commencing in the right court, Practice Note SC CL 7 procedure, mediation, settlement and trial.

Estimated reading time: 33 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Managing Underperformance and Performance Improvement Plans in Australia

A practical Australian guide for employers, directors and HR teams on managing underperformance — identifying the performance gap, designing a defensible performance improvement plan, warnings, procedural fairness, protected rights, health and disability issues, and lawful termination for unsatisfactory performance.

Estimated reading time: 41 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Psychosocial Hazards in Victorian Workplaces: An Employer's Guide

A practical Victorian employer guide to identifying, assessing and controlling psychosocial hazards under the Occupational Health and Safety (Psychological Health) Regulations 2025 and the WorkSafe compliance code — work design, consultation, hierarchy of controls, complaint response, reviews and overlapping employment, discrimination and workers-compensation duties.

Estimated reading time: 28 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Positive Duty to Prevent Workplace Sexual Harassment in Australia

A practical Australian employer guide to the positive duty under section 47C of the Sex Discrimination Act 1984 (Cth) — reasonable and proportionate measures to eliminate sexual harassment, sex discrimination, sex-based harassment, hostile workplace environments on the ground of sex and related victimisation, with the AHRC's four Guiding Principles, seven Standards, Fair Work overlap and Victorian equal-opportunity and OHS overlay.

Estimated reading time: 39 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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Guardianship and Administration Applications at VCAT in Victoria

A practical Victorian guide to applications at VCAT for guardianship, administration, supportive guardianship and supportive administration orders under the Guardianship and Administration Act 2019 — decision-making capacity, less restrictive alternatives, will and preferences, evidence, hearings, the powers and duties of appointees and how orders are reassessed, varied or cancelled.

Estimated reading time: 22 min readReviewed by JULIAN McINTYRE, Associate
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Financial Disclosure and Hidden Assets in Divorce and Property Settlements

Definitive Australian guide on full and frank financial disclosure in family-law property settlements — what must be disclosed, standard documents, continuing duty, warning signs of hidden assets, companies, trusts, cryptocurrency, overseas property, subpoenas, forensic accountants, lawful evidence gathering, preservation orders, consequences of non-disclosure, adverse inferences, Consent Orders, Binding Financial Agreements and setting aside orders.

Estimated reading time: 9 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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What If a Partner Spends or Transfers Assets After Separation?

How Australian family law treats post-separation spending, transfers and dissipation — the codified duty of disclosure, the wastage consideration in ss 79(5)(d) and 90SM(5)(d), add-backs, section 106B set-asides, injunctions and freezing orders, third-party joinder, tax and duty consequences, and the evidence required.

Estimated reading time: 24 min readReviewed by JULIAN McINTYRE, Associate
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Can You Get an Interim Property Settlement Before the Final Settlement?

Authoritative Australian guide on interim property settlements and partial property orders before final orders — what an interim property order is, the Court's discretionary approach, sale of the family home before final settlement, sale proceeds, liquid assets, business and trust interests, superannuation, tax, liabilities and reserves, disclosure, valuation uncertainty, third-party rights, bankruptcy, family violence, children, spousal maintenance, consent arrangements, evidence, procedure, safeguards, effect on final settlement, refusal and urgent cases.

Estimated reading time: 14 min readReviewed by JULIAN McINTYRE, Associate
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Who Is Responsible for Debts After Separation and Divorce?

Authoritative Australian guide on who pays debts after separation and divorce — joint and sole debts, mortgages, credit cards, tax, HECS/HELP, business debts, personal guarantees, family loans, post-separation borrowing, indemnities, refinance and release, bankruptcy, creditor rights and the treatment of liabilities in property settlement, Consent Orders and Binding Financial Agreements.

Estimated reading time: 21 min readReviewed by JULIAN McINTYRE, Associate
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How Are Post-Separation Contributions and Changes in Asset Value Treated?

How post-separation contributions and changes in asset value are considered under ss 79 and 90SM of the Family Law Act 1975 (Cth) — no automatic add-backs or default valuation date, and the effect of financial and homemaker contributions, market movement, business growth and liabilities is assessed on the evidence.

Estimated reading time: 14 min readReviewed by JULIAN McINTYRE, Associate
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Urgent Injunctions in Victoria: When Court Orders Are Needed Quickly

When assets, confidential information or transactions are at imminent risk, an urgent injunction may be an important remedy. A plain-English Victorian guide to interim and final injunctions, ex parte applications, the integrated serious-question and balance-of-convenience approach under ABC v O'Neill, the undertaking as to damages, and costs and contempt considerations.

Estimated reading time: 17 min readReviewed by JULIAN McINTYRE, Associate
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Owners Corporation Disputes in Victoria: Rights, Responsibilities and Resolution Options

A plain-English Victorian guide to owners corporation disputes — levies and special levies, repairs, common property versus lot property, water leaks, building defects, short-stay, noise and pets, committee decision-making, managers, internal dispute resolution, Consumer Affairs Victoria, VCAT and the costs and practical risks of escalation.

Estimated reading time: 28 min readReviewed by JULIAN McINTYRE, Associate
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Adverse Possession in Victoria: Can You Claim Ownership of Land?

A plain-English Victorian guide to adverse possession — the 15-year limitation period under the Limitation of Actions Act 1958 (Vic), continuous and exclusive possession, intention to possess, fencing and boundary encroachments, Crown land exclusions, applications through Land Services Victoria and Supreme Court proceedings.

Estimated reading time: 20 min readReviewed by JULIAN McINTYRE, Associate
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Easements on Victorian Property Explained: Rights, Restrictions and Disputes

A plain-English Victorian guide to easements — drainage, sewerage, carriageway and utility easements, building over an easement, neighbour disputes, removal and variation by planning permit, under the Subdivision Act 1988 (Vic) and section 73 of the Transfer of Land Act 1958 (Vic), and pre-purchase due diligence.

Estimated reading time: 24 min readReviewed by JULIAN McINTYRE, Associate
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