Australia: Arbitration & Dispute Resolution

A lot owner successfully claimed damages against an owners corporation for breach of statutory duty, with the Tribunal awarding costs under rule 38 despite the final award being under $30,000. The owners corporation's attempts to reduce the claim amount through pre-payments and Calderbank offers were rejected by the Tribunal.

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...

The Full Federal Court's decision in The NOCO Company v Brown and Watson has fundamentally altered Australia's patent landscape by establishing that divisional applications must disclose the best method known at the divisional filing date, not the parent application date. This ruling creates significant challenges for patent applicants managing global portfolios, as improvements discovered between parent and divisional filings must now be disclosed or risk patent invalidity.

This decision underscores the importance of body corporates acting promptly when faced with such situations.

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

Ogbonna 8 is a reminder that costs decisions are not always a simple "winner takes all" outcome.

AI is increasingly used in arbitration for efficiency, but regulators urge caution amid risks of bias, confidentiality breaches & limited legal guidance.

Australia's rapid data centre expansion is set to trigger more disputes, with arbitration emerging as the preferred resolution method.

Australia has consolidated its standing as a pro-enforcement jurisdiction for international arbitration.