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Below are the latest articles on Litigation, Mediation & Arbitration from Australia Briefing. Different topic options are on the left; different regional options are at the top of the page. Alternatively you can search our database for articles by date, topic, firm, country, author, free text, etc.

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Hot Topics Headlines

Top 10 Litigation, Mediation & Arbitration Headlines from Australia

Australia: The importance of timing with Calderbank offers

The decision highlights the importance of timing and the need to serve Calderbank offers once evidence has been served.

{Curwoods Lawyers}

Australia: New laws in NSW for witnessing affidavits, statutory declarations and affirmations

There are new requirements in NSW for witnessing the signing of affidavits, statutory declarations and affirmations.

{Colin Biggers & Paisley}

Australia: Part 2A - go away! Repeal of the pre-litigation protocols under the Civil Procedure Act 2005 (NSW)

Part 2A required parties to take reasonable steps to resolve or narrow the dispute before commencing court proceedings.

{DLA Piper Australia}

Australia: "Anshun" estoppel – the risks of waiting

With Anshun estoppel, a party can be prevented from making claims which should have been pursued in former proceedings.

{Kott Gunning}

Australia: How to resolve your disputes without going to court

Alternative dispute resolution processes provide businesses with options to put them in control of resolving disputes.

{Colin Biggers & Paisley}

Australia: Advocate's Immunity from Suit: Goddard Elliott (a firm) v Fritsch [2012] VSC 87

The existence of the advocates' immunity is settled at common law, but the scope of the immunity has raised concern.

{Thynne & Macartney}

Australia: The Jury is Out - Questioning the role of the jury in civil litigation

The verdict in a recent Victorian case raises the question as to whether jury trials are appropriate in a modern society.

{DLA Piper Australia}

Australia: Be reasonable! Protecting the costs benefits that may arise from an offer to settle a dispute

There are many factors that must be considered when making an offer to settle a dispute.

{Clayton Utz}

Australia: The times are a changing – when it comes to selecting a mediator

The selection criteria for In House Counsel choosing mediators is 'a-changin'.

{Wisdom}

Australia: Expert conclaves: avoiding collisions of ships in the night

A recent case provides some judicial guidance on the procedures regarding expert conclaves or joint meetings of experts.

{KordaMentha}