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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.

Podcast: Coffee With CGW – Get To Know Andrew Vella

Special counsel Andrew Vella from the litigation and dispute resolution team sits down with private client partner Scott Hay-Bartlem for an engaging conversation about his professional journey and what drives...

Australia Litigation

CG

Cooper Grace Ward

Star Casino’s Technical Win Still Results In It Having To Pay The Costs Of The Proceedings

The Court had to determine who paid the costs in an essentially unsuccessful claim by Star Casino against a builder who then cross claimed against an architect where various indemnity costs offers were made.

Australia Litigation

BN

Barry Nilsson

Supreme Court Clarifies Section 36 CLA Defence For Local Authorities

The Supreme Court has delivered clarification and detailed reasoning regarding the practical application of section 36 of the Civil Liability Act 2003 (Qld) with respect to a claim for negligence against a Council performing works, which included placing a barricade across a footpath.

Australia Litigation

BN

Barry Nilsson

No Voluntary Assumption Of Risk In Fence Jump Resulting In Catastrophic Spinal Injuries

A plaintiff was awarded $15.2 million in damages against a local council after sustaining catastrophic spinal injuries as a result of jumping over a fence at cricket training.

Australia Litigation

BN

Barry Nilsson

A Bump In The Road: Strata Owners Held Liable Over Speed Hump

Australia Litigation

BN

Barry Nilsson

Australia's Highest Court Finds That Ratification Of The New York Convention Does Not Constitute A Waiver Of Immunity

Worldwide Litigation

KL

Herbert Smith Freehills Kramer LLP

A New High Bar Set For Owners Corporations

Australia Litigation

GC

Gilchrist Connell

Firm Views But Fair Mind: Australian High Court Clarifies Limits Of Apprehended Bias In Bifurcated Proceedings

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

“He died because she didn’t ring triple zero. It’s manslaughter.” Which case won?

Australia Litigation

S

Stacks Law Firm

Six Trends Shaping Class Action Risk In Australia In 2026

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

ADR In Personal Injury Claims: A Comparison Between The Approach In England And Wales And Queensland, Australia (Podcast)

Australia Litigation

GC

Gatehouse Chambers

Escaping “Zombie” Funds: Court Supervision Over Cayman ELPs When GP-Led Liquidations Stall

Australia Litigation

C

Conyers

No-one laughing as Tickle V Giggle asks, what is a woman?

Australia Litigation

S

Stacks Law Firm

What do the different courts in NSW do?

Australia Litigation

S

Stacks Law Firm

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Webinars

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Recorded on 27 Jan 2026 | 3:00 PM

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

BB

BCF Business Law

Recorded on 20 Jan 2026 | 3:00 PM

2026 Canadian In-House Counsel Report: Unparalleled Insights into Canada's In-House Profession from CBA In-House Lawyers

TC

CBA In-House Lawyers

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

Related Country Guides

Enforcement of Foreign Judgments

International Arbitration

Sovereign Immunity: Public Sector Government

Australia's Highest Court Finds That Ratification Of The New York Convention Does Not Constitute A Waiver Of Immunity

The High Court of Australia held that India had not waived sovereign immunity in respect of enforcement proceedings by ratifying the New York Convention...

Worldwide Litigation

KL

Herbert Smith Freehills Kramer LLP

Novel duty of care: principles and analysis

The case provides clear confirmation of the principles applied in determining whether a duty of care exists and establishing negligence.

Australia Litigation

BN

Barry Nilsson

Mind The Gap: Inside NSW's Escalating Impairment Thresholds For Workplace Psychological Injury Claims

These changes introduce additional changes and clarifications to the already sweeping reforms introduced by the Workers Compensation Legislation Amendment Bill 2025.

Australia Litigation

HW

Holman Webb Lawyers

High Court clarifies the tort of private nuisance as it applies to statutory authorities

Australia Litigation

BN

Barry Nilsson

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

Australia Litigation

SF

Spruson & Ferguson

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

Australia Litigation

CC

Corrs Chambers Westgarth

Waiver of sovereign immunity from the jurisdiction of the Australian Courts

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

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Arbitration & Dispute Resolution

Podcast: Coffee With CGW – Get To Know Andrew Vella

Special counsel Andrew Vella from the litigation and dispute resolution team sits down with private client partner Scott Hay-Bartlem for an engaging conversation about his professional journey and what drives...

Australia Litigation

CG

Cooper Grace Ward

Residential Focus: Insolvency And Licensing Refusal

While the facts of the decision in Leto v Secretary Department of Customer Service [2026] NSWCATOD 26 (Leto v Secretary) are obviously very specific, an insolvency in an applicant’s trading history is frequently...

Australia Insolvency

HR

Holding Redlich

Keeping Damaging Allegations Out Of The Headlines: Confidentiality Orders In Employment Litigation

Employees frequently commence proceedings with a pleading containing serious, damaging and untested allegations about the employer, its executives, HR decision-makers, colleagues or even third parties.

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

NSW Supreme Court Confirms That A Prior Acquisition In A Public Landholder Is Not To Be Disregarded Where A Subsequent Acquisition Occurs

Australia Real Estate

KL

Herbert Smith Freehills Kramer LLP

Briefing Note - Medibank Private Limited v McClure [2026] FCAFC 38

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

ASIC v Bekier: A Landmark Australian Decision On Director And Officer Accountability

Australia Commercial

AO

A&O Shearman

Australia's Highest Court Finds That Ratification Of The New York Convention Does Not Constitute A Waiver Of Immunity

Worldwide Litigation

KL

Herbert Smith Freehills Kramer LLP

“He died because she didn’t ring triple zero. It’s manslaughter.” Which case won?

Australia Litigation

S

Stacks Law Firm

ADR In Personal Injury Claims: A Comparison Between The Approach In England And Wales And Queensland, Australia (Podcast)

Australia Litigation

GC

Gatehouse Chambers

See more

Professional Negligence

Supreme Court Clarifies Section 36 CLA Defence For Local Authorities

The Supreme Court has delivered clarification and detailed reasoning regarding the practical application of section 36 of the Civil Liability Act 2003 (Qld) with respect to a claim for negligence against a Council performing works, which included placing a barricade across a footpath.

Australia Litigation

BN

Barry Nilsson

No Voluntary Assumption Of Risk In Fence Jump Resulting In Catastrophic Spinal Injuries

A plaintiff was awarded $15.2 million in damages against a local council after sustaining catastrophic spinal injuries as a result of jumping over a fence at cricket training.

Australia Litigation

BN

Barry Nilsson

A Bump In The Road: Strata Owners Held Liable Over Speed Hump

In this recent decision, the Court of Appeal addressed the concept of 'obvious risk' under the Civil Liability Act 2002 (NSW) and its implications for liability and insured parties.

Australia Litigation

BN

Barry Nilsson

Short stem, strong defence: Court Of Appeal update

Australia Litigation

BN

Barry Nilsson

Novel duty of care: principles and analysis

Australia Litigation

BN

Barry Nilsson

Lessons From Aidacare’s Undertaking: Unfair Contract Terms And Consumer Rights

Australia Consumer

CG

Cooper Grace Ward

General practitioner disqualified from applying for registration for a period of 20 years: Medical Board of Australia v Austin

Australia Litigation

CO

Carroll & O'Dea

Case Review (PIPA): Ryan v Gold Coast Hospital and Health Service

Australia Litigation

RL

Roche Legal

Twist of fate: a painful lesson in liability - Mammoliti v Oriental Massage Burwood Pty Ltd

Australia Litigation

BN

Barry Nilsson

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Class Actions

ATE Insurance Deductions From Class Action Settlements Are “not That Simple”

The Federal Court of Australia considered whether it was fair and reasonable to deduct the premiums associated with after the event (ATE) insurance taken out by the applicants' solicitors, from the funds to be paid in settlement of a class action.

Australia Insurance

BN

Barry Nilsson

Briefing Note - Medibank Private Limited v McClure [2026] FCAFC 38

This briefing note sets out an overview of the decision in Medibank Private Limited v McClure [2026] FCAFC 38, including key implications for employment, industrial relations and safety practitioners.

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Six Trends Shaping Class Action Risk In Australia In 2026

Exposure to class actions remains a reality for businesses operating in Australia, and several emerging trends are set to influence that risk.

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Contraceptive class action against Bayer fails

Australia Litigation

BN

Barry Nilsson

Cyber Security: A Month In Retrospect And Our Latest Podcast (Australia - January 2026)

Worldwide Technology

KL

Herbert Smith Freehills Kramer LLP

Can Plaintiffs Recover Litigation Funding Damages From Defendants In Class Action In Australia?

Australia Litigation

JD

Jones Day

Australia's Class Action Future: Three Critical Questions Every Decision Maker Should Ask

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Claim farming banned in South Australia – legislation update

Australia Litigation

GC

Gilchrist Connell

The Class Actions Landscape: Australian Class Actions (Podcast)

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

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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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