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 Divorce and Property Settlements

Definitive Australian guide on how gifts and loans from parents are treated in divorce and property settlements — gift versus loan, contemporaneous evidence, contributions, resulting and constructive trusts, third-party rights, disclosure, sham debts, valuation, companies and trusts, Consent Orders and Binding Financial Agreements.

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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What Happens If a Spouse Spends or Transfers Assets After Separation?

Definitive Australian guide on what happens when a spouse spends, withdraws, transfers, gifts or otherwise deals with assets after separation — ordinary expenditure versus dissipation, current treatment of add-backs, premature distribution, wastage, legal fees, gambling, gifts to relatives, sale below value, companies and trusts, cryptocurrency, superannuation, real property and caveats, joint accounts, evidence and tracing, disclosure, urgent preservation, section 106B, third-party rights, bankruptcy, tax, Consent Orders and Binding Financial Agreements.

30 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.

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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How Are Post-Separation Contributions and Changes in Asset Value Treated?

Authoritative Australian guide to post-separation contributions and changes in asset value in family-law property settlements — separation does not freeze the pool; mortgage and household payments, occupation of the home, parenting and homemaker contributions, income and savings after separation, new assets and debts, passive market movements, active improvements, business growth, inheritances, trust distributions, superannuation accrual, wastage, preservation, delay, interim orders, Consent Orders and Binding Financial Agreements.

32 min readReviewed by JULIAN McINTYRE, Associate
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How Do Current and Future Circumstances Affect a Property Settlement?

Authoritative Australian guide to current and future circumstances (often called 'future needs') in family-law property settlements — discretionary, comparative, no fixed percentage; age, health, income, earning capacity, care and housing of children, financial resources, trusts, inheritances, pensions and superannuation, family violence economic effect, wastage, liabilities, cohabitation, spousal maintenance and child support, time limits, evidence and what is just and equitable under sections 79 and 90SM of the Family Law Act 1975 (Cth).

34 min readReviewed by JULIAN McINTYRE, Associate
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How Are Contributions Assessed in a Divorce Property Settlement?

Authoritative Australian guide to how financial, non-financial, homemaker and parenting contributions are assessed in a family-law property settlement — initial contributions, wages, mortgage payments, renovations, business and trust contributions, gifts, loans, inheritances, superannuation, short and long relationships, post-separation contributions, the economic effect of family violence, wastage and the just-and-equitable check under sections 79 and 90SM of the Family Law Act 1975 (Cth) as amended on 10 June 2025.

36 min readReviewed by JULIAN McINTYRE, Associate
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Can a Property Settlement Be Reopened or Set Aside?

Authoritative Australian guide to when final property settlement orders or Consent Orders may be varied or set aside under section 79A and section 90SN of the Family Law Act 1975 (Cth) — finality, miscarriage of justice, fraud, suppression of evidence, non-disclosure, false evidence, duress, family violence, impracticability, failed refinance, default, exceptional child-related circumstances, proceeds of crime, consent variation, the distinction between appeal, enforcement, correction and setting aside, BFAs under Part VIIIA and VIIIAB, creditors, bankruptcy trustees, bona fide purchasers, tax and duty, superannuation, interim protective relief and procedure.

34 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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