Australia: Arbitration & Dispute Resolution

On 14 August 2026, the International Centre for Settlement of Investment Disputes (ICSID), the leading forum for investor-State arbitrations, published its Caseload Statistics for the 2026 Fiscal Year (1 July 2025 to 30 June 2026) (FY 2026). 

Trauma insurance, also known as critical illness insurance, provides a financial safety net for policyholders diagnosed with specific serious medical conditions. However, a significant issue undermining the efficacy of trauma insurance in Australia is the reliance on outdated medical definitions. Outdated medical definitions in Insurance policies can lead to denied claims and unmet expectations, creating substantial legal and consumer challenges.

Disputes can erode value long before they reach a courtroom. Regulatory scrutiny, class actions and public investigations can affect reputation, investor confidence, and business performance.

Special counsel Jess Byrne reflects on her decade-long career progression at Cooper Grace Ward, from law clerk to her current role in the insurance team. She discusses her work in workers' compensation and CTP matters, highlighting the diverse client base and advocacy opportunities that define her practice.

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.

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.

Welcome to Litigation Notes, our litigation know-how update where you will find the latest developments on commercial litigation topics from HSF Kramer’s Australian practice.

The Supreme Court of New South Wales has ruled that a default interest rate of 3% per month, compounded monthly, constitutes an unenforceable penalty despite valid loan documentation. This landmark decision challenges traditional lending structures where borrowers receive discounted rates that revert to higher rates upon default, requiring lenders to demonstrate legitimate commercial justification for increased default interest rates.

The Federal Court's decision in Gillham v Melbourne Symphony Orchestra examines whether state anti-discrimination laws constitute 'workplace laws' under the Fair Work Act, and whether expressing political opinions during a performance can trigger general protections. This case explores the boundaries of contractor protections and the interplay between federal workplace legislation and state-based discrimination laws.