Litigation Law, Mediation Law and Arbitration Law

Recent Personal Injury Commission decisions have established a consistent framework for assessing sleep disorder claims in workers compensation matters, clarifying when insomnia and sleep disturbances qualify as independently assessable neurological impairments. This analysis examines the evolving jurisprudence and its practical implications for insurers defending permanent impairment claims.

NSW emergency service volunteers who suffer workplace injuries resulting in permanent impairment may be entitled to lump sum compensation. Understanding the assessment thresholds, timing requirements, and common disputes in permanent impairment claims is essential for maximizing entitlements under the statutory framework.

In workers' compensation claims for hearing loss, establishing the 'last noisy employer' requires more than simply proving machinery was present in the workplace. A recent NSW Personal Injury Commission decision examines what evidence is sufficient to demonstrate that employment created a real risk of hearing loss, and when a worker's recollection may be too unreliable to discharge the burden of proof.

When a Queensland money order is granted, creditors face critical decisions about which enforcement method will most effectively recover the debt. The choice between redirection warrants, earnings orders, property seizure, or enforcement hearings depends on the debtor's asset profile, liquidity, and the cost-effectiveness of each approach.

In Queensland, proving defamation requires establishing that a defendant published defamatory matter identifying the plaintiff to third parties, causing serious reputational harm. However, even when all elements are satisfied, claims may still fail due to procedural requirements, corporate plaintiff restrictions, or available defences under the Defamation Act 2005.

This monthly roundup examines five significant NSW Supreme Court and Court of Appeal decisions from August 2026 that clarify critical aspects of the Building and Construction Industry Security of Payment Act 1999, including payment claim validity, procedural fairness in adjudications, and enforcement of judgment debts. The cases address contentious issues such as the 12-month limitation period for payment claims, the relevance of unpaid judgment debts in security for costs applications, and the scope of sec

In Queensland, proving defamation requires establishing that a defendant published defamatory matter identifying the plaintiff to third parties, causing serious reputational harm. However, even when all elements are satisfied, claims may still fail due to procedural requirements, corporate plaintiff restrictions, or available defences under the Defamation Act 2005.

The NSW Land and Environment Court dismissed a heritage homeowner's claim against neighbouring trees, finding insufficient evidence to prove the trees caused structural damage. The decision establishes that property owners must demonstrate clear causal connections between specific trees and alleged damage, rather than relying on proximity alone.

The Harman undertaking, more accurately termed the implied obligation in Australia, automatically restricts how documents and information obtained through compulsory court processes may be used beyond their original proceeding. This obligation binds parties, solicitors, experts, and others who receive such material, covering disclosed documents, interrogatory answers, subpoenaed materials, affidavits and witness statements.

The State of Western Australia and the Yindjibarndi Ngurra Aboriginal Corporation have both filed appeals against a landmark Federal Court decision awarding $150 million in compensation for cultural loss caused by mining operations in the Pilbara region. This unprecedented case marks the first judicial determination of native title compensation for future acts and the largest cultural loss award in Australian history, establishing critical precedents for how compensation is assessed when native title rights

The plaintiff sought to invalidate a settlement agreement and deed of settlement concerning allegations of sexual abuse, arguing he lacked capacity due to alcohol use disorder. The Court found the plaintiff was a 'person under disability' when instructing his solicitors on 16 July 2019 but not when signing the deed on 5 August 2019, ultimately ruling that the deed was enforceable.

The Court of Appeal of the NSW Supreme Court has found that emailing a link to documents stored in an online repository did not constitute valid service under the Building and Construction Industry (Security of Payment) Act 2021 (WA), and that strict compliance with the Act’s one-business-day service requirement was necessary to establish jurisdiction.