Australia: Litigation, Mediation & Arbitration

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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.

Case Summary: Forrest V QBE Insurance (Australia) Limited [2025] NSWPIC 206 – Dog Walking Is An Attendant Care Service

The PIC held dog walking can qualify as "attendant care" under NSW motor accident law if injury prevents the claimant from doing it.

Australia Litigation

CO

Carroll & O'Dea

Most at fault? Can't get no (reasonable) satisfaction...

In recent case insurer failed to prove the claimant was mostly at fault in a lane merge crash, so statutory benefits continued.

Australia Litigation

M

McCabes

Navigating the complexities of self-represented litigants in South Australia

Managing self-represented litigants requires ethical care, clear strategy, and smart use of court rules to resolve matters efficiently.

Australia Litigation

GC

Gilchrist Connell

Contributory negligence in NSW dependency and mental harm claims

This article examines how contributory negligence is addressed in both dependency claims and claims for mental harm, referencing key legislative provisions and recent case law.

Australia Litigation

CO

Carroll & O'Dea

Extending the limitation period in medical negligence cases - a subjective approach

Australia Litigation

B

Barry Nilsson

The commission has no power to pre-approve treatment

Australia Litigation

M

McCabes

Not Foreseeable: Roadside Phone Calls From Accident Scene Not Causative Of Psychiatric Injury

Australia Litigation

B

Barry Nilsson

Mareva Injunction (Freezing Order) – How Freezing Orders Work in Australian Law

Australia Litigation

U

Unified Lawyers

Case summary: Allianz Australia Insurance Limited v Estate of the Late Summer Abawi [2025] NSWCA 85 – When is a skin injury a ‘threshold injury'? NSW Court of Appeal provides clarity

Australia Litigation

CO

Carroll & O'Dea

The importance of reality testing valuation reports in Family Law

Australia Litigation

B

Barry Nilsson

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

Australia Litigation

B

Barry Nilsson

NSW Government Bulletin: Ethical issues for state government lawyers

Australia Litigation

HR

Holding Redlich

What are the steps to resolving disputes? Mechanisms to resolving Disputes.

Australia Litigation

P

PCL Lawyers

The Harman Principle : An Overview

Australia Litigation

U

Unified Lawyers

Australian Visa Processing Times And Key Migration Updates

Australia Immigration

IL

Interstaff Immigration Agency

Block earner triumphs in ASIC appeal

Australia Technology

PA

Piper Alderman

Psychological injuries at the centre of WHS reforms

Australia Employment

B

Barry Nilsson

Tax Bites: Australian Tax Podcast Series

KL

Herbert Smith Freehills Kramer LLP

Cyber-Flashing Laws, Offences and Penalties in Australia

Australia Criminal

CD

Criminal Defence Lawyers Australia

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Related Country Guides

Enforcement of Foreign Judgments

International Arbitration

Disclosure & Electronic Discovery & Privilege

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

Generative Artificial Intelligence (Gen AI) can be an amazing tool and resource – but caution must be exercised when using it in a legal context.

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

In what instance will an application to reopen a case to introduce further expert reports be refused?

Australia Litigation

E

ExpertsDirect

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Arbitration & Dispute Resolution

The importance of reality testing valuation reports in Family Law

This case serves as a helpful reminder to litigants and practitioners to carefully consider whether a valuation report is reflective of, and appropriately takes into account, the realities of running a business.

Australia Litigation

B

Barry Nilsson

What are the steps to resolving disputes? Mechanisms to resolving Disputes.

Dispute resolution and litigation requires strategic planning and case management, with the help of professionals such as lawyers and barristers.

Australia Litigation

P

PCL Lawyers

Tips and traps for obtaining and relying on expert evidence

Two recent decisions in the health law space have re-emphasised the need for good expert evidence when litigating claims.

Australia Litigation

GC

Gilchrist Connell

Insights into Arbitration and Litigation Funding with Matt Lee, LFM Disputes

Australia Litigation

CP

Cathro & Partners

Case Summary: Trustees Of The Roman Catholic Church For The Diocese Of Maitland-Newcastle V AA [2025] NSWCA 72

Australia Criminal

CO

Carroll & O'Dea

Should I use mediation or arbitration for a commercial dispute?

Australia Litigation

L

LegalVision

What is an offer of compromise?

Australia Litigation

U

Unified Lawyers

Undefended Hearing in the Family Court

Australia Litigation

U

Unified Lawyers

What Is a Litigation Guardian?

Australia Litigation

U

Unified Lawyers

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Court Procedure

Mareva Injunction (Freezing Order) – How Freezing Orders Work in Australian Law

A freezing order "is an order by the Court that the Defendant cannot deal with specific assets up to the amount claimed".

Australia Litigation

U

Unified Lawyers

The importance of reality testing valuation reports in Family Law

This case serves as a helpful reminder to litigants and practitioners to carefully consider whether a valuation report is reflective of, and appropriately takes into account, the realities of running a business.

Australia Litigation

B

Barry Nilsson

What are the steps to resolving disputes? Mechanisms to resolving Disputes.

Dispute resolution and litigation requires strategic planning and case management, with the help of professionals such as lawyers and barristers.

Australia Litigation

P

PCL Lawyers

The Harman Principle : An Overview

Australia Litigation

U

Unified Lawyers

The Inquest Series: Non-publication orders in the Coroners Court

Australia Litigation

B

Barry Nilsson

Freezing orders – How to prevent a debtor from dodging their responsibility

Australia Litigation

CO

Carroll & O'Dea

Soft closure, big decision: High Court grants class closure orders in Lendlease Class Action

Australia Litigation

B

Barry Nilsson

Tips and traps for obtaining and relying on expert evidence

Australia Litigation

GC

Gilchrist Connell

Insights into Arbitration and Litigation Funding with Matt Lee, LFM Disputes

Australia Litigation

CP

Cathro & Partners

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Banking/ Finance

Proportionate Liability under the microscope - when both parties are in the wrong

A recent case considered proportionate liability where both parties are wrongdoers.

Australia Litigation

NR

Norton Rose Fulbright Australia

What bank fees constitute penalties?

A recent case considered whether a bank fee constitutes a penalty.

Australia Litigation

NR

Norton Rose Fulbright Australia

Insurance Case Note - The credibility gap and the gullibility fill

The Court provided guidance on the extent that a party must prove reliance to succeed on actionable misrepresentation.

Australia Litigation

HH

Hunt & Hunt

Four more banks to be subject to credit card fees class actions

Australia Litigation

D

DibbsBarker

Landlords gain ground in Colorado Group administration

Australia Litigation

D

DibbsBarker

What is the correct approach in determining whether a secured lender has lost an opportunity to make a profit from an alternative investment?

Australia Litigation

MA

Moray & Agnew

Practical guidance for trade creditors in an administration

Australia Insolvency

DP

DLA Piper Australia

High Court holds dishonouring cheques was defamatory and awards damages

Australia Finance

CU

Clayton Utz

Retention of Title Clauses – Court of Appeal

Australia Litigation

A

Addisons

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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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