Australia: Litigation, Mediation & Arbitration

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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.

Case summary: El-Kazzi v Insurance Australia Limited t/as NRMA Insurance [2024] NSWPICMP 591 (21 August 2024) – were medical treatments reasonable and necessary?

Claimants must take care to establish not just a connection between the motor vehicle accident and their proposed medical treatments.

Australia Litigation

CO

Carroll & O'Dea

Reasonableness and the right to care in your own home Stewart v Metro North Hospital and Health Services [2025] HCA 34

In recent case, the HC clarified the test of reasonableness for the purpose of assessing common law damages under the Civil Liability Act 2003 (Qld).

Australia Litigation

GC

Gilchrist Connell

Catastrophic injury claims: a new twist in claims inflation

Recent case rules that damages must cover at-home care if it restores a plaintiff's pre-injury life, even if institutional care is cheaper.

Australia Litigation

K

Kennedys

Removalist services are not an "everyday task"

Recent decision provides example of a service which is not an "everyday task" as required by the definition of "attendant care service".

Australia Litigation

M

McCabes

New Personal Injury Notice of Claim Forms Now in Force

Australia Litigation

RL

Roche Legal

How can government lawyers claim legal professional privilege in relation to a FOI request? Lessons from Burford v TEQSA

Australia Litigation

HR

Holding Redlich

Reviewing the (narrow) role of the review panel

Australia Litigation

M

McCabes

When is a finding of 100% contributory negligence justified in a single vehicle accident?

Australia Litigation

M

McCabes

Phothisenh v AAI Limited t/as AAMI [2025] NSWPIC 338 – private school transport recognised as "treatment and care" under the MAIA

Australia Litigation

CO

Carroll & O'Dea

Claiming Damages After Missing the 6-Month WorkCover Deadline

Australia Litigation

RL

Roche Legal

Just A Social Media Post? Doctors, Think Twice – Your Registration May Be At Stake

Australia Litigation

B

Barry Nilsson

How Experts Navigate The Complexities Of An Account Of Profits

Australia Litigation

FC

FTI Consulting

Bicyclist found wholly at fault

Australia Litigation

M

McCabes

Case summary: Ioannidis v Carretero [2025] NSWDC 258 – Dog attacks, psychological harm, and the limits of statutory compensation under the Companion Animals Act 1998 (NSW)

Australia Litigation

CO

Carroll & O'Dea

Blockchain Bites: Blockchain Bites: ASIC Corporate Plan backs tokenisation work; Tokenised Funds move closer to launch with Cayman Consultation; Project Acacia: Australia's leap into tokenised finance

Australia Technology

PA

Piper Alderman

Dismissal upheld: employee breaches employer's directions while recovering from illness

Australia Employment

CG

Cooper Grace Ward

Inside IR Podcast Series - Episode 29 Gender-based Undervaluation And Its Impact On Modern Award Rates Of Pay (Video)

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

APAC Monthly Private Wealth Legal Developments – July 2025

Worldwide Finance

KL

Herbert Smith Freehills Kramer LLP

It depends – What happens to the appointor role in my family discretionary trust when I die?

Australia Family

CG

Cooper Grace Ward

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Related Country Guides

Enforcement of Foreign Judgments

International Arbitration

Disclosure & Electronic Discovery & Privilege

Adjudicator Discretion and Legal Error: Builtcom Constructions v VSD

Whilst not fatal to a determination, it is wrong as a matter of law to strictly apply the Cardno test.

Australia Litigation

PA

Piper Alderman

Relevance, efficiency, and proportionality – the ambit of the duty to disclose

The obligation on parties to provide full and frank disclosure continues throughout the proceedings until the dispute has been resolved.

Australia Litigation

B

Barry Nilsson

The Inquest Series: The ‘right to silence' in Coronial Inquests

How the privilege against self-incrimination is applied in coronial inquests across Australia.

Australia Litigation

B

Barry Nilsson

Australian Courts Grapple With Generative AI In Court Proceedings

Australia Litigation

MO

Mills Oakley

Medibank Class Action: Navigating The Legal Privilege Maze

Australia Technology

AO

A&O Shearman

Overriding purpose – still the most significant discovery in NSW

Australia Litigation

K

Kennedys

Understanding legal professional privilege for plaintiffs in NSW

Australia Litigation

CO

Carroll & O'Dea

Protecting Confidentiality in Mediation: The Gazal v Setiawan and Topaloglu Case Study

Australia Litigation

HW

Holman Webb Lawyers

Documents produced for court: not to be used for other purposes

Australia Litigation

HL

HHG Legal Group

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Arbitration & Dispute Resolution

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

Case regarding the duty of care that a school owes to its students.

Australia Litigation

CO

Carroll & O'Dea

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

The accepted practice can only be determined by reference to agreed or determined facts.

Australia Litigation

CO

Carroll & O'Dea

Adjudicator Discretion and Legal Error: Builtcom Constructions v VSD

Whilst not fatal to a determination, it is wrong as a matter of law to strictly apply the Cardno test.

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

B

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

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Court Procedure

How can government lawyers claim legal professional privilege in relation to a FOI request? Lessons from Burford v TEQSA

Explain how courts and tribunals apply the dominant purpose test to determine whether LPP applies in relation to LPP claims by government lawyers in relation to FOI requests.

Australia Litigation

HR

Holding Redlich

Damages in commercial litigation in Qld

In Qld, Rule 155 requires damages to be clearly pleaded or risk strike-out and costs. Rule comprehensively explained here.

Australia Litigation

SL

Stonegate Legal

Vexatious Litigant under the Vexatious Proceedings Act 2005

The purpose of the Act, the meaning of "vexatious proceedings" and "frequently instituted" litigation, the types of orders the Court can make, and the practical strategies available to defend against vexatious litigation.

Australia Litigation

SL

Stonegate Legal

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

Mareva Injunction (Freezing Order) – How Freezing Orders Work in Australian Law

Australia Litigation

U

Unified Lawyers

The importance of reality testing valuation reports in Family Law

Australia Litigation

B

Barry Nilsson

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

Australia Litigation

P

PCL Lawyers

The Harman Principle : An Overview

Australia Litigation

U

Unified Lawyers

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Banking/ Finance

Proportionate Liability under the microscope - when both parties are in the wrong

A recent case considered proportionate liability where both parties are wrongdoers.

Australia Litigation

NR

Norton Rose Fulbright Australia

What bank fees constitute penalties?

A recent case considered whether a bank fee constitutes a penalty.

Australia Litigation

NR

Norton Rose Fulbright Australia

Insurance Case Note - The credibility gap and the gullibility fill

The Court provided guidance on the extent that a party must prove reliance to succeed on actionable misrepresentation.

Australia Litigation

HH

Hunt & Hunt

Four more banks to be subject to credit card fees class actions

Australia Litigation

D

DibbsBarker

Landlords gain ground in Colorado Group administration

Australia Litigation

D

DibbsBarker

What is the correct approach in determining whether a secured lender has lost an opportunity to make a profit from an alternative investment?

Australia Litigation

MA

Moray & Agnew

Practical guidance for trade creditors in an administration

Australia Insolvency

DP

DLA Piper Australia

High Court holds dishonouring cheques was defamatory and awards damages

Australia Finance

CU

Clayton Utz

Retention of Title Clauses – Court of Appeal

Australia Litigation

A

Addisons

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Latest Videos

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Debt collection lawyer or debt collection agency?

SL

Stonegate Legal

Finding out who is behind a negative Google review

M

Madgwicks

It Depends – The different types of Court hearings

CG

Cooper Grace Ward

Double dipping: making claims for Total and Permanent Disability (TPD)

RL

Roche Legal

Class Actions Fireside Podcast Series: EP17: Bracing For A Year Of Change

HS

Herbert Smith Freehills Kramer LLP

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