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.

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

This case serves as a helpful reminder to litigants and practitioners to carefully consider whether a valuation report is reflective of, and appropriately takes into account, the realities of running a business.

Australia Litigation

B

Barry Nilsson

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

Dispute resolution and litigation requires strategic planning and case management, with the help of professionals such as lawyers and barristers.

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

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

Aboriginal Death in Police Custody Alice Springs

Australia Criminal

OC

O'Brien Criminal & Civil Solicitors

Employment Relations Podcast #42 – What could the proposed ban on "non-competes" mean for Australian employers?

Australia Employment

PA

Piper Alderman

It depends – Can I make an in-specie contribution to my self-managed superfund?

Australia Employment

CG

Cooper Grace Ward

2025 Federal Budget And Australian Immigration

Australia Immigration

IL

Interstaff Immigration Agency

Fraud and corruption – how crisis management can help

Australia Commercial

BP

Bartier Perry

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?

This article explores whether a statutory demand can be validly served by email under Australian law, following major reforms to the Corporations Act 2001 (Cth).

Australia Litigation

SL

Stonegate Legal

Tribunal rejects applicant's self-proclaimed "expertise"

NSWCATAD did not accept a "report" which had been styled as expert evidence, but which had been prepared by the applicant.

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

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

Australia Litigation

K

Kennedys

Overriding purpose – still the most significant discovery in NSW

Australia Litigation

K

Kennedys

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?

Court concluded that there was a genuine dispute existent regarding the nature of the facility agreement

Australia Litigation

K

Kennedys

Overriding purpose – still the most significant discovery in NSW

Overriding purpose – still the most significant discovery in NSW

Australia Litigation

K

Kennedys

Disciplinary process labelled a ‘sham and disgrace' results in significant damages awarded

Australia Litigation

JH

Jewell Hancock

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?

Importance of understanding the risks of being closely linked to litigation.

Australia Litigation

BR

Broadley Rees Hogan Lawyers

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

If a contract outlines a specific method or approach for the determination, experts must adhere to it.

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

Expert evidence and privilege in Australian courts – a cross-jurisdictional insight

Australia Litigation

PA

Piper Alderman

One shot only - the final word on further lump sum claims

Australia Litigation

BP

Bartier Perry

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Latest Videos

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It Depends – The different types of Court hearings

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

Legal Lockdown - Episode 8: Virtual courts

HW

Holman Webb Lawyers

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