Australia: Arbitration & Dispute Resolution

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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.
Article
Security Of Payment Still Bites: ACL Claims Won’t Stop Enforcement Of Adjudication Determinations
The Victorian Court of Appeal has reinforced that security of payment legislation creates a separate interim right to payment, confirming parties cannot use Australian Consumer Law claims to prevent enforcement of adjudication determinations. This decision examines whether allegations of misleading conduct regarding project costs and timelines can circumvent the 'pay now, argue later' regime established under Victoria's Building and Construction Industry Security of Payment Act.
Australia Real Estate
HR
Holding Redlich
Article
Behind The Shopfront: Are Changes In Store For Parties To Retail Shop Leases In Queensland? (Part 1)
The Queensland Government has launched a review of the Retail Shop Leases Act 1994, examining how the legislation governs rights, obligations and dispute resolution for retail tenancies. This review comes amid significant growth in retail turnover, constrained floorspace, rising rental prices, and a dramatic increase in mediation applications—from 24 in 2021-22 to 305 in 2024-25.
Australia Real Estate
HR
Holding Redlich
Article
Oppose A Summary Judgment Application: Step-by-Step Guide
Receiving a summary judgment application can be daunting for defendants, with potential consequences ranging from enforcement warrants to bankruptcy proceedings. But does such an application mean the case is already lost? Understanding the legal requirements under Queensland's Uniform Civil Procedure Rules and knowing what evidence can demonstrate a real prospect of successfully defending a claim may make the difference between judgment and proceeding to trial.
Australia Litigation
SL
Stonegate Legal
Article
Cushioning The Impact Of The Security Of Payment Act For Residential Owners
Recent NSW court decisions are establishing new protections for residential owner-occupiers under the Security of Payment Act, with judges granting stays on enforcement where contractors pose insolvency risks. These rulings recognize that residential owners face fundamentally different risks than commercial parties, cushioning the impact of legislation originally designed for business-to-business construction disputes.
Australia Real Estate
HR
Holding Redlich
Article
Costs Capping In NSW Family Provision Claims - Your Costs May Not Be Recoverable In Full
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.
Australia Family
BP
Bartier Perry
Article
The world court has spoken: What the ICJ’s ‘Right to Strike’ opinion means for Australian employers
The International Court of Justice has issued a landmark advisory opinion confirming that the right to strike is protected under ILO Convention No. 87, a treaty Australia ratified in 1973. While this opinion doesn't immediately change Australian domestic law, it creates a significant new reference point that unions may leverage in litigation, enterprise bargaining, and industrial relations reform discussions. Australian employers face potential challenges to existing Fair Work Act restrictions on protected
Australia Employment
IL
Ius Laboris
Article
Key NSW Security Of Payment Decisions: Monthly Roundup For June 2026
This monthly roundup examines key NSW Supreme Court and District Court decisions interpreting the Building and Construction Industry Security of Payment Act 1999, analyzing how courts are applying the legislation's 'pay now, argue later' philosophy in disputes over adjudication determinations, payment claims, and enforcement stays. The decisions address critical issues including interlocutory injunctions, payment schedule validity, and the interplay between interim adjudications and final dispute resolution
Australia Real Estate
HR
Holding Redlich
Article
Using AI In PIC Proceedings? Disclosure And Verification Are Essential
The Personal Injury Commission of New South Wales has issued its first decision addressing the use of generative AI in legal proceedings, establishing clear expectations for disclosure and verification when AI tools are employed. In Sentinel Community Services Pty Ltd v Clark Chesaites, an employer's undisclosed use of AI resulted in incorrect case citations and irrelevant statutory references, prompting the Commission to emphasize that compliance with AI disclosure rules applies equally to self-represented
Australia Litigation
BP
Bartier Perry
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