Collect the signed contract, amendments, payment records, messages and a dated chronology. Identify the parties correctly: a trading name is not always the contracting entity. Preserve unfavourable material as well as supportive documents. Sections 17 to 26 of the Civil Procedure Act 2010 (Vic) impose overarching obligations, including honesty, a proper basis for claims, proportionate costs and minimising delay. These obligations affect how proceedings should be conducted.
A dispute resolution clause may require negotiation or mediation before litigation. Urgent relief may still need separate consideration if assets, confidential information or ongoing operations are at risk. Assess limitation periods and any contractual notice requirements immediately. A settlement discussion does not automatically extend either. If court documents arrive, obtain advice about the actual response deadline rather than assuming negotiations suspend it.
In Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27, the High Court rejected a substantial amendment sought during trial. The case arose under ACT procedure, but its treatment of delay, prejudice and court resources is influential nationally. It shows why parties should investigate and formulate their case early. Paying the other side's additional costs may not cure the consequences of delay.
Compare likely recovery with legal costs, disruption and enforcement risk. A settlement deed should identify payment dates, releases, default consequences and any confidentiality obligations. If shareholders are separating, address share transfers, guarantees, business records and control of accounts expressly. Bring the contract and key records to the first consultation so that advice can focus on the decisions that matter now.
Author: Yi Liang
Last updated: October 2026
Jurisdiction: Victoria, Australia
Disclaimer: This article provides general information only and does not constitute legal, financial or tax advice. The law may change and its application depends on individual circumstances. You should obtain professional advice before acting on the information contained in this article.