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.

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

The NSW Supreme Court's decision in ISPT Pty Ltd v Chief Commissioner of State Revenue addresses whether a taxpayer's acquisition of a 19.46% interest in a private landholding unit trust must be aggregated with a previously acquired 75.8% interest obtained when the trust was still a public landholder.

Australia Real Estate

KL

Herbert Smith Freehills Kramer LLP

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

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

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

Australia Litigation

C

Conyers

Mandatory Final Offers and Settlement Formalities: Understanding Allen v Brother International

Australia Litigation

RL

Roche Legal

Negligence claim leaks through statutory limitation period

Australia Litigation

BN

Barry Nilsson

Novel duty of care: principles and analysis

Australia Litigation

BN

Barry Nilsson

Ogbonna v CTI Logistics Ltd (No 8): The sequestration order was set aside but the costs story did not end there

Australia Litigation

MF

Matthews Folbigg Lawyers

Cost saver or chimera? Preliminary hearings on serious harm in defamation: Bottrill v Graham (No 2) [2025] NSWDC 221

Australia Litigation

K

Kennedys

Changes To Visa Income Thresholds From 1 July 2026

Australia Immigration

IL

Interstaff Immigration Agency

Cross Examining Cyber EP23: Cross Examining Professor Ciaran Martin – Part 2 (Podcast)

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

How To Check If A Company Is In Liquidation In Australia

Australia Commercial

W

Worrells

Leveraging DAMAs For Flexible Workforce Planning

Australia Immigration

IL

Interstaff Immigration Agency

Essential ESG: Episode 25 – Operating Responsibly In Conflict-affected Areas: The Role Of Grievance Mechanisms

Australia Commercial

CC

Corrs Chambers Westgarth

Getting costs in Fair Work Act proceedings requires careful planning

Employers that find themselves embroiled in litigation should always seek legal advice when considering costs orders in this jurisdiction.

Australia Litigation

HR

Holding Redlich

Four seconds too late | Commission rejects late claim filed seconds after deadline

Timeframes of Commissions, Tribunals and Courts are not mere niceties that can be complied with at a parties' leisure.

Australia Litigation

BP

Bartier Perry

Commercial Litigation Lawyers Sydney

This article will discuss the importance of a commercial litigation lawyer in Sydney, the types of disputes we handle, and how to choose the right legal representation.

Australia Litigation

JS

JB Solicitors

English High Court Rules Assignees Cannot Enforce ICSID Awards, Departing From Australian And US Decisions

The divergent outcomes in Australia and the United States on the one hand, and England on the other, reinforce that award creditors and assignees need to evaluate enforcement strategies in respect of ICSID awards carefully.

Australia Litigation

CC

Corrs Chambers Westgarth

Disputing The Dispute Resolution Clause: When An Arbitration Clause May Be Unfair

Australia Litigation

PA

Piper Alderman

Warning! Arbitration Ahead

Australia Litigation

HR

Holding Redlich

Estates Court Processes To Improve

Australia Family

KK

Kalus Kenny Intelex

Damages Down, Costs Up: The Impact Of Prior Settlements And Rejected Offers

Australia Litigation

BN

Barry Nilsson

Claim farming banned in South Australia – legislation update

Australia Litigation

GC

Gilchrist Connell

Right To Information: The Limit Does Exist

Australia Litigation

HR

Holding Redlich

The rise of ‘unmeritorious' workplace claims in the age of AI

Australia Litigation

S

Swaab

Full Court Press: Preliminary Discovery And Arbitration Agreements In A Basketball Showdown

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Contingent loss and limitation periods: High Court clarification in solicitors' negligence claims

Australia Litigation

GC

Gilchrist Connell

When Does Time Start? The High Court Clarifies The Operation Of Limitation Periods To Actions In Negligence For Economic Loss

Australia Litigation

K

Kennedys

The rise of ‘unmeritorious' workplace claims in the age of AI

While AI-driven access to justice is a positive development, workplace lawyers caution that it strains commissions, courts, and businesses, especially when claims lack merit.

Australia Litigation

S

Swaab

Full Court Press: Preliminary Discovery And Arbitration Agreements In A Basketball Showdown

In most jurisdictions in Australia, a prospective plaintiff can obtain preliminary discovery orders from a Court to ascertain whether it has a right to obtain relief from a prospective defendant, before it commences any substantive proceeding

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Contingent loss and limitation periods: High Court clarification in solicitors' negligence claims

It also reiterates the need for a plaintiff to lead evidence to discharge its onus of proof to establish the existence of an alleged loss.

Australia Litigation

GC

Gilchrist Connell

When Does Time Start? The High Court Clarifies The Operation Of Limitation Periods To Actions In Negligence For Economic Loss

The Court has provided clarity on when a cause of action in negligence accrues for claims of pure economic loss.

Australia Litigation

K

Kennedys

Washed Away - Negligence Or Nuisance?

Australia Litigation

BN

Barry Nilsson

Arbitration and M&A disputes: a global trend Australia cannot ignore

The use of arbitration to resolve mergers & acquisitions & private equity deal disputes has recently gained significant momentum globally.

Australia Litigation

CC

Corrs Chambers Westgarth

Effective dispute resolution: how do expert determination and arbitration compare?

Understanding how each process works - and, critically, how it will play out in practice - can help parties select the best forum for the disputes most likely to arise.

Australia Litigation

CC

Corrs Chambers Westgarth

Climate Litigation Is Shaping The Regulatory Landscape In Australia

Climate change and environmental sustainability concerns continue to shape the legal and regulatory landscape in Australia. Recent court actions provide important guidance for government...

Australia Environment

KW

King & Wood Mallesons

Funds Update - 10 October 2025

In welcome news, ASIC has announced that it no longer intends to proceed with publication of firm level data on reportable situations.

Australia Finance

KL

Herbert Smith Freehills Kramer LLP

Queensland Court Of Appeal Confirms Non-party Liability Under Arbitral Award

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Beyond The School Gates: When Is A School Liable In Negligence For Bullying & Student Assault?

Australia Litigation

CO

Carroll & O'Dea

Filmalter v Swenson: the Queensland approach to the peer professional opinion defence

Australia Litigation

CO

Carroll & O'Dea

Adjudicator Discretion and Legal Error: Builtcom Constructions v VSD

Australia Litigation

PA

Piper Alderman

Valuing "True Value" In Post-Acquisition Disputes

Australia Litigation

FC

FTI Consulting

New Community Benefit Agreements For Queensland Renewables Projects

Australia Energy

KL

Herbert Smith Freehills Kramer LLP

Pabai decision: Federal Court finds no duty of care to protect Torres Strait Islanders from climate change

Australia Litigation

CC

Corrs Chambers Westgarth

The importance of reality testing valuation reports in Family Law

Australia Litigation

BN

Barry Nilsson

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

Australia Litigation

P

PCL Lawyers

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

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

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Latest Videos

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CG

Cooper Grace Ward

"Full Disclosure" Podcast, Vol. 16: Settling property and finances after a separation

MO

Mellor Olsson Lawyers

[Video] Commercial disputes and restructuring outcomes: Strategies for mitigating and resolving disputes

BF

BRI Ferrier

[Video] 2020 Public liability cases

TS

Travis Schultz & Partners

[Podcast] Trouble in paradise: Protecting privilege after Glencore

LT

Level Twenty Seven Chambers

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