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