John O'Halloran

Profile

John O'Halloran practices in probate, testators family maintenance, equity and trusts. He has a particular interest in the intersection of digital assets with estates and trusts.

John’s instructors recognise the value of his early strategic advice, rigorous attention to detail, and ability to empower clients to make sound decisions in litigation. He is highly experienced in matters involving vulnerable people, including those with diminished capacity, psychiatric illness or disabilities requiring the appointment of a litigation guardian. He is attentive to the care and cogency required in dealing with such clients.

EXPERTISE:

Probate & Testators Family Maintenance:

John is frequently briefed to appear and advise in:

• Probate disputes, especially those involving lack of capacity and undue influence.
• Construction and rectification applications.
• All aspects of family provision / testators family maintenance.
• Approval of compromise applications for persons under a disability.

John is available for preliminary strategic discussions prior to being briefed. He is pleased to assist instructors with paperwork when needed.

Equity & trusts:

John is frequently briefed to appear and advise in:

• Equitable claims & defences: unconscionable dealing, undue influence, lack of capacity or 'elder abuse' matters.
• Trusts: breaches of trustee duties, judicial advice applications, constructive trust claims, and lost trust deed applications.

John often appears in 'family farm disputes' and has familiarity with issues and assets particular to those estates.

Cross-border estates and crypto-asset disputes:

John is experienced in estates disputes with cross-border and international elements, including matters involving overseas assets or parties, as well as issues of estate administration and the recovery of foreign held assets.

He is also briefed in crypto-asset disputes, commonly in the context of estates and urgent interlocutory relief. This involves the identification, preservation, and recovery of digital assets.

Property & commercial law:

John has expertise in property law. He has particular expertise in allegations involving the fraudulent transfer of real property, adverse possession, and priority disputes. Naturally, these matters intersect with John's equity and trusts expertise.

He also appears in retail leasing disputes at first instance and on appeal, see (2024) 74 VR 460 & (2026) 79 VR 146.

John is sought after for interlocutory disputes, in particular injunctions and freezing orders, see [2026] VSC 16.

PROFESSIONAL ACCREDITATIONS / MEMBERSHIPS:

John is an affiliate member of the Society of Trusts and Estates Practitioners (STEP). He has previously served as an Assistant Honorary Secretary to the Victorian Bar Council and on list executives and committees.

He graduated from Monash University with a Bachelor of Arts & Bachelor of Laws (with Honours). He read with David Sanders and Ian Upjohn CSC KC.