Australia: Civil Law

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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.

Promissory Estoppel: "One day all this will be yours..." - Which case won?

Claimant starts legal action alleging broken promise to leave him the farm - he wins - daughter appeals to the HC. Who wins?

Australia Commercial

S

Stacks Law Firm

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

What can I do if an NDIS participant has damaged an SIL house?

SIL providers under the NDIS can be liable for tenant-caused property damage & should manage risks.

Australia Employment

L

LegalVision

Washed Away - Negligence Or Nuisance?

The spotlight on a public authority's liability in nuisance or negligence is likely to remain for some time.

Australia Litigation

B

Barry Nilsson

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

Navigating the complexities of self-represented litigants in South Australia

Australia Litigation

GC

Gilchrist Connell

Latest developments: Hannah Thomas arrest probe escalates

Australia Criminal

OC

O'Brien Criminal & Civil Solicitors

Couple Imprisoned For Contempt After Breaching Supreme Court Order

Australia Litigation

SC

Sydney Criminal Lawyers

Tribunal wrestles with "extraordinary" difference in expert views

Australia Litigation

E

ExpertsDirect

The Inquest Series: Giving evidence at a Coronial Inquest – trips and traps

Australia Litigation

B

Barry Nilsson

Widely accepted practice in medicine allows for more than one solution to a health issue

Australia Litigation

B

Barry Nilsson

Without prejudice save as to costs

Australia Litigation

U

Unified Lawyers

Webinar: Spotting The Red Flags: Early Warnings Of Financial Distress

Australia Insolvency

FC

FTI Consulting

Employment Relations Podcast #45 – Employment Law For The Time Poor… Live!

Australia Employment

PA

Piper Alderman

New English Requirements For Visas

Australia Immigration

IL

Interstaff Immigration Agency

Cause And Consequence: Show Cause Letters In The Landscape Of The Workplace

Australia Employment

BP

Bartier Perry

Insights Into Property And Debt Market

Australia Real Estate

CP

Cathro & Partners

What Is a Vexatious Litigant?

Vexatious litigant meaning revolves around individuals who habitually misuse legal processes to achieve improper purposes.

Australia Litigation

U

Unified Lawyers

What is an offer of compromise?

Sometimes the smartest move isn't charging full-speed toward trial—it's making a calculated offer to settle.

Australia Litigation

U

Unified Lawyers

Undefended Hearing in the Family Court

What an undefended hearing is, how it occurs, what the consequences might be, and the critical steps you can take if you're facing one.

Australia Litigation

U

Unified Lawyers

A cautionary tale from the Technology and Construction List

Recent case highlights the risks of mismanaged litigation - indecision, inconsistent forensic strategy & delayed communication.

Australia Litigation

BP

Bartier Perry

What is a Creditor's Statutory Demand?

Australia Commercial

SL

Stonegate Legal

Top five tips for court cross-examination in family law disputes

Australia Litigation

CG

Cooper Grace Ward

When the system fails: legal and policy implications of the Monash IVF embryo mix-up

Australia Litigation

CO

Carroll & O'Dea

Oppressive conduct claims in the Supreme Court of Victoria: A guide for company leaders

Australia Litigation

HR

Holding Redlich

Court finds school's duty of care extends beyond school gate

Australia Litigation

S

Stacks Law Firm

What are Fiduciary Duties in Australia?

Australia Litigation

SL

Stonegate Legal

"This farm will be yours one day" – High Court Lessons about proprietary estoppel

Australia Family

M

McCabes

Medical expert's opinion valid, even if facts or assumptions relied on do not exactly match those proven at trial

Australia Litigation

E

ExpertsDirect

Court declines to rule out expert evidence at early stage of high-stakes lending case

Australia Litigation

E

ExpertsDirect

Prior written reports no assurance an expert is qualified

Australia Litigation

E

ExpertsDirect

"This farm will be yours one day" – High Court Lessons about proprietary estoppel

Recent decision highlights the importance of making clear oral promises to prospective beneficiaries regarding the distribution of assets.

Australia Family

M

McCabes

Medical expert's opinion valid, even if facts or assumptions relied on do not exactly match those proven at trial

Validity of medical expert's opinion challenged in recent case.

Australia Litigation

E

ExpertsDirect

Court declines to rule out expert evidence at early stage of high-stakes lending case

Federal Court held that an interlocutory objection to admissibility of an expert report in its entirety, failed.

Australia Litigation

E

ExpertsDirect

Prior written reports no assurance an expert is qualified

An expert who had previously written reports & presented evidence in various courts was still found to have "doubtful qualifications".

Australia Litigation

E

ExpertsDirect

Top Civil Cases of 2024: Key Precedents That Shaped Australian Law

Australia Litigation

OC

O'Brien Criminal & Civil Solicitors

NSW Statement of Claim: A Basic Guide

A NSW Statement of Claim is a legal document that enables a person to initiate local court proceedings.

Australia Litigation

JS

JB Solicitors

Being the only expert does not free expert evidence from scrutiny

Experts must provide a thorough and clear rationale for their methodologies.

Australia Litigation

E

ExpertsDirect

The WayForward: the admissibility of ‘WayBack Machine' evidence

The Wayback Machine is an internet-based service available here, maintained by the Internet Archive.

Australia Litigation

M

McCabes

Case Summary: RC v The Salvation Army (Western Australia) Property Trust [2024] HCA 43

RC commenced proceedings in the District Court of Western Australia against the Salvation Army (Western Australia).

Australia Litigation

CO

Carroll & O'Dea

Is your affidavit logically, grammatically and ethically wrong? Part 3: Recent decisions challenge Kane's Hire

Australia Litigation

BP

Bartier Perry

Administrative Review Tribunal: A change that merits discussion

Australia Litigation

HR

Holding Redlich

Case Summary: Health Care Corporation Pty Ltd t/as Wollongong Private Hospital v Cleary (No 2) [2024] NSWCA 94 – the implications of Offers of Compromise & Calderbank offers

Australia Litigation

CO

Carroll & O'Dea

The implied undertaking: Implications for Government entities

Australia Litigation

HR

Holding Redlich

Effect of belated acknowledgment of the Expert Witness Code of Conduct

Australia Litigation

E

ExpertsDirect

Expert red flags: why one expert would be preferred over another

Australia Litigation

E

ExpertsDirect

Your rights when suing NSW Police for misconduct

Australia Litigation

OC

O'Brien Criminal & Civil Solicitors

Balancing the scale - the weight of expert medical opinion

Australia Litigation

BP

Bartier Perry

Justice Lee's judgment a reminder to the profession of the importance of the Harman undertaking in all areas of litigation

Australia Litigation

CO

Carroll & O'Dea

Costs Expert Opinion Rejected For Not Having Direct Experience In Practising Law In NSW.

Australia Litigation

E

ExpertsDirect

Weight of expert evidence reduced due to reliance on a party's account, instead of specialised knowledge

Australia Litigation

E

ExpertsDirect

Expert undermines probative value of their own evidence by going beyond the scope of their expertise

Australia Litigation

E

ExpertsDirect

Participants in the nation's largest civil disobedience action for climate get off lightly

Australia Litigation

SC

Sydney Criminal Lawyers

What types of legal costs can be ordered in NSW civil cases?

Australia Litigation

SC

Sydney Criminal Lawyers

Debt collection lawyer or debt collection agency?

Australia Litigation

SL

Stonegate Legal

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Debt collection lawyer or debt collection agency?

SL

Stonegate Legal

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