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ARTICLE · 01 AUGUST 2016

The state as a model litigant: reading between the Guidelines

The Victorian Model Litigant Guidelines require the State to act in accordance with the highest professional standards.

AustraliaLitigation, Mediation & Arbitration

Underpinning the Guidelines is the State's duty to act honestly, fairly, with complete propriety, and in accordance with the highest professional standards.

The Revised Model Litigant Guidelines require the Victorian Government to reduce costs, avoid litigation, and pursue alternative dispute resolution in the conduct of litigation. The recent decision of the Victorian Supreme Court in Comaz (Aust) Pty Ltd v Commissioner of State Revenue [2015] VSC 294 has highlighted the need for the Government and its agencies to be particularly aware of the obligations imposed by the Guidelines.

The Victorian Model Litigant Guidelines

The State, its departments, agencies and officeholders, must comply with the Model Litigant Guidelines in the conduct of all litigation, as well as in inquiries, arbitration and other alternative dispute resolution (ADR) processes. The Guidelines, originally introduced in 2001 (and revised in 2011), are based on the Commonwealth's model litigant

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