Australia: Court Procedure

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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.

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

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

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

A freezing order "is an order by the Court that the Defendant cannot deal with specific assets up to the amount claimed".

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

The Inquest Series: Non-publication orders in the Coroners Court

Australia Litigation

B

Barry Nilsson

Freezing orders – How to prevent a debtor from dodging their responsibility

Australia Litigation

CO

Carroll & O'Dea

Soft closure, big decision: High Court grants class closure orders in Lendlease Class Action

Australia Litigation

B

Barry Nilsson

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

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

Australia Litigation

B

Barry Nilsson

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

Australia Litigation

B

Barry Nilsson

Demystifying Australia's National Anti-Corruption Commission (Video)

Australia Criminal

AM

Alvarez & Marsal

482 Visa Processing Times | Delays In Government Processing

Australia Immigration

IL

Interstaff Immigration Agency

Tax Bites: Australian Tax Podcast Series

KL

Herbert Smith Freehills Kramer LLP

June 2025 ESG Policy Update—Australia

Australia Strategy

KG

K&L Gates LLP

Inside Employment Podcast Series - Investigations, Part 1 - What's The Fuss With Whistleblowing Investigations? (Video)

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

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

The court emphasised the importance of the neutrality of retained experts.

Australia Litigation

B

Barry Nilsson

Without prejudice save as to costs

Unpacks what "without prejudice save as to costs" means, its practical application & how it functions under Australian law.

Australia Litigation

U

Unified Lawyers

Chief Justice's Rare NSW Bail Statement Shines Light on Remand Crisis

Chief Justice has spotlighted the serious individual and systemic costs of unnecessary pre-trial detention.

Australia Litigation

OC

O'Brien Criminal & Civil Solicitors

Case Summary: HMB24 v Operator, National Redress Scheme for Institutional Child Sexual Abuse [2025] FCA 278

Longbottom J ultimately accepted that the delegates of the Respondent engaged in a material breach of an implied condition of procedural fairness.

Australia Law Practice

CO

Carroll & O'Dea

Can you serve a statutory demand by email in Australia?

Australia Litigation

SL

Stonegate Legal

Tribunal rejects applicant's self-proclaimed "expertise"

Australia Litigation

E

ExpertsDirect

What Is a Vexatious Litigant?

Australia Litigation

U

Unified Lawyers

Expert affiliation does not necessarily affect impartiality

Australia Litigation

E

ExpertsDirect

Australian Courts Grapple With Generative AI In Court Proceedings

Australia Litigation

MO

Mills Oakley

Do pre-action protocols promote justice and efficiency? Satellite litigation flowing from pre-action protocols

Australia Litigation

GC

Gilchrist Connell

Undefended Hearing in the Family Court

Australia Litigation

U

Unified Lawyers

What Is a Litigation Guardian?

Australia Litigation

U

Unified Lawyers

What Is a Friend of the Court?

Australia Litigation

U

Unified Lawyers

Security for Costs Orders in Queensland

Australia Litigation

SL

Stonegate Legal

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

What Is a Litigation Guardian?

A capable adult to making decisions, instructing solicitors, and safeguarding that person's rights from the very first filing right through to the final orders.

Australia Litigation

U

Unified Lawyers

What Is a Friend of the Court?

A Friend of the Court is a neutral expert brought in to help the judge make a more informed, fair decision.

Australia Litigation

U

Unified Lawyers

Security for Costs Orders in Queensland

A security for costs order is a protective legal mechanism that allows a defendant to request that the plaintiff provide a financial guarantee.

Australia Litigation

SL

Stonegate Legal

Summary judgment and complex cases - what's the point?

Australia Litigation

K

Kennedys

Regulatory investigations and legal professional privilege: key take aways from ASIC v Macleod

Court's decision provides useful clarification for those considering the voluntarily disclosure of privileged materials.

Australia Litigation

CG

Cooper Grace Ward

Understanding A Contempt Of Court Application in Family Court

Contempt is an act that is considered to interfere with or undermine the authority or dignity and performance of the courts.

Australia Litigation

JF

Justice Family Lawyers

Evidence of conversations – the use of speech in affidavits

Legal practitioners should aim to present evidence of a conversation in as much detail as possible.

Australia Law Practice

K

Kennedys

Case Summary: Stanford Barton (A Pseudonym) V The State Of New South Wales [2025] VSC 57

In recent sexual abuse case the defendant sought a transfer of the proceedings.

Australia Litigation

CO

Carroll & O'Dea

Non-Party Costs: Can a costs order be made against a party not named in Court proceedings?

Australia Litigation

BR

Broadley Rees Hogan Lawyers

May an expert correct his determination in a subsequent report? The $9,832,383 question.

Australia Litigation

E

ExpertsDirect

Why one expert is preferred over another, despite similar qualifications

Australia Litigation

E

ExpertsDirect

Advocate and expert in the same matter, even if there is a hiatus? That's a red flag

Australia Litigation

E

ExpertsDirect

Will a non-binding expert determination frustrate the parties' contract?

Australia Litigation

E

ExpertsDirect

Court preferred objective evidence when confronted with conflicting expert evidence

Australia Litigation

E

ExpertsDirect

Why Do Judges Wear Wigs: Court Fashion or Not?

Australia Litigation

JS

JB Solicitors

Using Gen AI in legal proceedings - Ethics Check for Lawyers series

Australia Litigation

BP

Bartier Perry

Injunctions in Queensland – Complete Guide

Australia Litigation

SL

Stonegate Legal

Court upholds service at an unattended office

Australia Litigation

CC

Corrs Chambers Westgarth

The Impact of Wild v Meduri NSWCA 230 on Affidavit Practices in NSW

Australia Litigation

OC

O'Brien Criminal & Civil Solicitors

How to vary bail conditions?

Australia Litigation

AL

Astor Legal

What is an Anton Piller Order?

Australia Litigation

U

Unified Lawyers

Understanding legal professional privilege for plaintiffs in NSW

Australia Litigation

CO

Carroll & O'Dea

Australia | Five key lessons from the High Court's decision in the Commonwealth damages case

Australia Litigation

SF

Spruson & Ferguson

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I do not agree with the judges decision – Can I appeal?

CG

Cooper Grace Ward

Full Disclosure, Vol. 6: Surviving the suing process

MO

Mellor Olsson Lawyers

Concurrent Evidence Practices Survey

K

KordaMentha

The discrete property list in the Federal Circuit Court

CG

Cooper Grace Ward

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HW

Holman Webb Lawyers

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