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Litigation Law, Mediation Law and Arbitration Law

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

"My Financial Adviser should have spotted the scam, so they're liable for my losses". Which case won?

Discusses recent case where the UK Financial Ombudsman had to determine whether the financial adviser was responsible for the loss caused by a scam.

Australia Litigation

S

Stacks Law Firm

Who ruled the dogs out? Review panel finds pet care is not "treatment or care"

Under the MAIA, only treatment & care expenses are recoverable. Pet care does not qualify as either Attendant Care Services or Rehabilitation so is not recoverable.

Australia Litigation

M

McCabes

The Class Actions Landscape: Australian Class Actions (Podcast)

In this podcast, we explore class actions procedures and trends in Australia, and what similarities and differences there are with England and Wales.

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Bird strike - Driver left with nobody to sue

Recent case held that properly parked cars aren't "in use" for liability & drivers can't claim no-fault damages if their own actions contributed to the crash.

Australia Litigation

M

McCabes

Claim farming soon to be prohibited in South Australia

Australia Litigation

B

Barry Nilsson

Palmer v Allianz Australia Insurance Limited [2025] NSWPIC 440; (28 August 2025) – assessing reasonableness in due inquiry and search

Australia Litigation

CO

Carroll & O'Dea

Claimant's duty to co-operate with the insurer is mandatory

Australia Litigation

M

McCabes

"I Know What I'm Worth" – Why That's Rarely True In Queensland Injury Claims

Australia Litigation

RL

Roche Legal

Liebert V Allianz Australia Insurance Limited [2025] NSWPIC 458 – Clarifying The Definition Of "Motor Accident"

Australia Litigation

CO

Carroll & O'Dea

Allianz Australia Insurance Limited v Bell [2025] NSWCA 187 – Court of Appeal clarifies Review Panel's role in psychological injury claims

Australia Litigation

CO

Carroll & O'Dea

Allianz Australia Insurance Limited v Moore [2025] NSWPICMP 557 – when pre-existing psychological injuries affect whole person impairment

Australia Litigation

CO

Carroll & O'Dea

Defamation and other legislation amendment bill 2025 (Qld)

Australia Litigation

SL

Stonegate Legal

When "remedy defects" means "pay damages": lessons from Grech v Biltar Pty Ltd [2025] VSC 636

Australia Litigation

PP

Pointon Partners

How is relative culpability assessed when one party disobeys the road rules?

Australia Litigation

M

McCabes

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Webinars

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27 Jan 2026 | 3:00 PM

When Harassment Comes From Outside: A Guide To Third-Party Risk Management

BB

BCF Business Law

Recorded on 9 Jul 2025 | 2:00 PM

Digital Assets – Innovation vs Compliance: Emerging Offshore Jurisdictional Trends – How Legal Advisers' Roles Will Change

W

Walkers

Recorded on 24 Jun 2025 | 3:00 PM

(2nd Session) 2025 Global In-House Counsel Survey Report: Unique Insights into the Global In-House Counsel Profession

IC

In-House Counsel Worldwide

Recorded on 24 Jun 2025 | 9:00 AM

(1st Session) 2025 Global In-House Counsel Survey Report: Unique Insights into the Global In-House Counsel Profession

IC

In-House Counsel Worldwide

Related Country Guides

Enforcement of Foreign Judgments

International Arbitration

Trials & Appeals & Compensation

When "remedy defects" means "pay damages": lessons from Grech v Biltar Pty Ltd [2025] VSC 636

Courts will rarely order specific performance as a remedy. Recent case discussed.

Australia Litigation

PP

Pointon Partners

Court orders disclosure of hundreds of abuse claims in Brisbane youth detention centre case

Recent case sheds light on the balance courts must strike between a plaintiff's right to evidence and the privacy of third parties in historical abuse cases.

Australia Privacy

RL

Roche Legal

Regulatory And Class Action Risk Symposium

Corporate risk in Australia is increasingly defined by the aligned issues of regulatory compliance and the threat of class action litigation.

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Class Actions Radar: Scanning Global Trends And Risks

Worldwide Litigation

KL

Herbert Smith Freehills Kramer LLP

All Eyes On EYLEA–Sandoz Defeats Preliminary Injunction

KG

K&L Gates LLP

Settlement Offers And Costs Protection In Family Law Matters – The Benefits Of Genuine Negotiations

Australia Family

KK

Kalus Kenny Intelex

Crypto In The Courts – ASIC v Finder Update

Australia Technology

KG

K&L Gates LLP

How Experts Navigate The Complexities Of An Account Of Profits

Australia Litigation

FC

FTI Consulting

Financing Of Australian Class Actions—Solicitors Common Fund Order Disallowed

Australia Litigation

JD

Jones Day

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Disclosure & Electronic Discovery & Privilege

Adjudicator Discretion and Legal Error: Builtcom Constructions v VSD

Whilst not fatal to a determination, it is wrong as a matter of law to strictly apply the Cardno test.

Australia Litigation

PA

Piper Alderman

Relevance, efficiency, and proportionality – the ambit of the duty to disclose

The obligation on parties to provide full and frank disclosure continues throughout the proceedings until the dispute has been resolved.

Australia Litigation

B

Barry Nilsson

The Inquest Series: The ‘right to silence' in Coronial Inquests

How the privilege against self-incrimination is applied in coronial inquests across Australia.

Australia Litigation

B

Barry Nilsson

Australian Courts Grapple With Generative AI In Court Proceedings

Australia Litigation

MO

Mills Oakley

Medibank Class Action: Navigating The Legal Privilege Maze

Australia Technology

AO

A&O Shearman

Overriding purpose – still the most significant discovery in NSW

Australia Litigation

K

Kennedys

Understanding legal professional privilege for plaintiffs in NSW

Australia Litigation

CO

Carroll & O'Dea

Protecting Confidentiality in Mediation: The Gazal v Setiawan and Topaloglu Case Study

Australia Litigation

HW

Holman Webb Lawyers

Documents produced for court: not to be used for other purposes

Australia Litigation

HL

HHG Legal Group

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Professional Negligence

"My Financial Adviser should have spotted the scam, so they're liable for my losses". Which case won?

Discusses recent case where the UK Financial Ombudsman had to determine whether the financial adviser was responsible for the loss caused by a scam.

Australia Litigation

S

Stacks Law Firm

Are Orders The New Middle Ground In Tax Practitioners Board Sanctions, The Tribunal Thinks So

The Decision shows that suspension or termination is not the only way to protect the public.

Australia Litigation

PA

Piper Alderman

The Devil Is In The Detail In Establishing The Peer Professional Opinion Defence

This decision highlights the protective scope of the defence of peer professional opinion as set out at section 41 of the CLA.

Australia Litigation

B

Barry Nilsson

Supreme Court Of NSW Allows Limitations Defence And Refuses Extension Of Time Application

Australia Litigation

B

Barry Nilsson

Tick Tock, Time Is Up – Or Is It? NSW Supreme Court Refuses Extension Of The Limitation Period For Medical Negligence Claim

Australia Litigation

GC

Gilchrist Connell

"I suffered catastrophic complications because a negligent neurosurgeon gave me bad advice." Which case won?

Australia Litigation

S

Stacks Law Firm

New rural generalist medicine specialty announced

Australia Healthcare

GC

Gilchrist Connell

Suppression of a clinician's identity: a comparison between the United Kingdom and Australia

Australia Litigation

B

Barry Nilsson

Local council not liable for injuries to child who fell from cliff

Australia Litigation

B

Barry Nilsson

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Sovereign Immunity: Public Sector Government

Australia | Five key lessons from the High Court's decision in the Commonwealth damages case

Commonwealth's status as a "body politic" will not preclude it from recovering damages on a patent owner's undertaking.

Australia Litigation

SF

Spruson & Ferguson

High Court says keep calm and don't get wound up (if you have foreign immunity)

Foreign state immunity extends to a state-owned national airline subject to winding-up proceedings.

Australia Litigation

CC

Corrs Chambers Westgarth

Waiver of sovereign immunity from the jurisdiction of the Australian Courts

Foreign state immunity from Australian court proceedings was at the centre of both these recent cases.

Australia Litigation

HR

Holding Redlich

Federal Court finds India waived foreign state immunity in proceedings to recognise and enforce US$111 million award

Australia Litigation

CC

Corrs Chambers Westgarth

Cross Post: Federal Court Of Australia Affirms Jurisdiction To Enforce Arbitral Awards Against Foreign States Party To The New York Convention

Worldwide Litigation

HS

Herbert Smith Freehills Kramer LLP

Federal Court Of Australia Affirms Jurisdiction To Enforce Arbitral Awards Against Foreign States Party To The New York Convention

Australia Litigation

HS

Herbert Smith Freehills Kramer LLP

A Ray Of Sunshine For Solar Energy Investors: High Court Of Australia Rejects Spain's Sovereign Immunity Plea Against Recognition And Enforcement Of ICSID Arbitral Award

Worldwide Litigation

SJ

Steptoe LLP

A guide to legal costs for medical negligence and public liability claims.

Australia Litigation

P

Polaris Lawyers

International Arbitration Comparative Guide

Australia Litigation

HS

Herbert Smith Freehills

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Latest Videos

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Debt collection lawyer or debt collection agency?

SL

Stonegate Legal

Finding out who is behind a negative Google review

M

Madgwicks

It Depends – The different types of Court hearings

CG

Cooper Grace Ward

Double dipping: making claims for Total and Permanent Disability (TPD)

RL

Roche Legal

Class Actions Fireside Podcast Series: EP17: Bracing For A Year Of Change

HS

Herbert Smith Freehills Kramer LLP

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