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.

Calderbank Offers and Costs Strategy in Victorian Estate Litigation

A practical Victorian guide to Calderbank offers, offers of compromise and costs strategy in estate litigation — how a well-drafted 'without prejudice save as to costs' offer shifts costs risk in family provision, capacity and executor disputes, when the Court will order indemnity costs, and the drafting pitfalls that make an offer worthless.

28 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.

32 min readReviewed by JULIAN McINTYRE, Associate
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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.

34 min readReviewed by JULIAN McINTYRE, Associate
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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.

38 min readReviewed by JULIAN McINTYRE, Associate
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Gifts and Loans from Parents in Property Settlements

How gifts and loans from parents are characterised in property settlements under ss 79 and 90SM of the Family Law Act 1975 (Cth) — intention, enforceability and evidence distinguish a gift, an enforceable loan, a contingent advance, a secured debt and an equitable or contribution-based claim.

28 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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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.

32 min readReviewed by JIM PARKE, Lawyer & Chartered Accountant
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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.

30 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.

30 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.

15 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.

16 min readReviewed by JULIAN McINTYRE, Associate
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