Australia: Arbitration & Dispute Resolution

The NSW Supreme Court is increasingly capping legal costs in family provision proceedings, especially in smaller estates. Two recent Supreme Court decisions, Lord v Craig [2026] NSWSC 17 (Lord) and Re Estate Weinberger [2026] NSWSC 158 (Weinberger) illustrate why the Court is taking control of legal costs in family provision cases and the likely impact on parties and practitioners involved in those cases going forwards.

A NSW Civil and Administrative Tribunal decision clarifies that lot owners who renovate common property under a special by-law may assume long-term maintenance and repair obligations for those alterations. The ruling examines when owners corporations can resist repair claims and what evidence is required to establish statutory warranty breaches in strata renovation disputes.

When a contract has been breached, one of the most significant financial consequences a business will face is the loss of profits attributable to the contract.

Can an email containing a file-sharing link satisfy statutory service requirements in construction payment disputes? This case examines whether providing access to documents through an online repository constitutes...

The NSW Court of Appeal has ruled on whether disputes involving the construction and effect of a Deed of Company Arrangement can be resolved through arbitration, clarifying the boundaries between contractual...

We recently examined how fraud can undermine indefeasibility and the resulting risks for lenders. You can read that article here: Indefeasibility of title - legal certainty in an age of rising fraud. This article analyses the High Court of Australia’s decision in Stubbings v Jams 2 Pty Ltd [2022] HCA 6, which remains the leading authority on responsible lending practices, notwithstanding the passage of four years since judgment.

The Victorian Supreme Court has clarified the burden of proof in broker negligence claims, establishing that insureds must demonstrate a hypothetical insurance policy would have responded to their loss. This landmark decision examines the interplay between causation requirements, section 54 of the Insurance Contracts Act, alteration of use clauses, and broker renewal obligations in the context of a major warehouse fire claim.

Force majeure clauses in Australian contracts determine whether extraordinary events can suspend, delay, or excuse contractual obligations, but relief depends entirely on precise wording and strict compliance with notice and mitigation requirements. Understanding when businesses can legally invoke force majeure versus when they risk breach of contract claims is critical for managing commercial disruption.

Asset management disputes in construction often emerge years after handover when repeated failures reveal underlying design or construction problems rather than simple maintenance issues. This article examines how to distinguish between ordinary wear and tear and systemic defects, exploring the legal frameworks, timing pressures, and strategic approaches that determine whether recurring problems represent routine deterioration or inherited liability.