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.

High Court clarifies the tort of private nuisance as it applies to statutory authorities

Public authorities may be liable in private nuisance for construction impacts unless they can prove the interference was reasonable or inevitable.

Australia Litigation

B

Barry Nilsson

Hospital found negligent for discharging patient with ectopic pregnancy

Doctors must provide adequate & appropriate advice to patients before discharge & inform them of the need to return to hospital if their condition deteriorates.

Australia Litigation

B

Barry Nilsson

Not every professional error leads to liability

Professional advisers are held to a standard of reasonable care, not perfection.

Australia Litigation

B

Barry Nilsson

A case study in evidentiary challenges for historic abuse matters

Recent decision underscores the heavy evidentiary burden in historical abuse claims & the need for rigorous credibility & factual analysis.

Australia Litigation

B

Barry Nilsson

Australia's Class Action Future: Three Critical Questions Every Decision Maker Should Ask

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

One Common Law, One Standard: Significant Damages Award In Historic Queensland Abuse Case

Australia Litigation

B

Barry Nilsson

Damages Down, Costs Up: The Impact Of Prior Settlements And Rejected Offers

Australia Litigation

B

Barry Nilsson

Extending the limitation period in medical negligence cases - a subjective approach

Australia Litigation

B

Barry Nilsson

Five FAQs For Your Medical Negligence Claim In New South Wales

Australia Litigation

CO

Carroll & O'Dea

Frivolous & vexatious medical assessment dismissed

Australia Litigation

M

McCabes

Five Key Questions Answered About Your Legal Costs In Personal Injury Claims In New South Wales

Australia Litigation

CO

Carroll & O'Dea

Has Defamation Law Gone To The Dogs? (A Brief Summary Of Australian Defamation Cases Relating To Dogs)

Australia Litigation

BP

Bennett & Philp Lawyers

Defence Of Absolute Privilege In Defamation

Australia Litigation

SL

Stonegate Legal

Claim farming banned in South Australia – legislation update

Australia Litigation

GC

Gilchrist Connell

Clarifying misconceptions of abandonment of employment

Australia Employment

BP

Bartier Perry

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

Australia Employment

PA

Piper Alderman

Forced To Quit? The Hidden Cost Of Poor Investigations.

Australia Employment

CG

Clifford Gouldson Lawyers

Cross Examining Cyber EP19: Cross Examining Carolyn Pugsley, Christine Wong And Peter Jones (Podcast)

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

Crime Rates in Sydney: Suburbs with the Highest and Lowest Rates

Australia Criminal

OC

O'Brien Criminal & Civil Solicitors

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Related Country Guides

Enforcement of Foreign Judgments

International Arbitration

Disclosure & Electronic Discovery & Privilege

Right To Information: The Limit Does Exist

Case clarifies the limits of RTI access when tribunal orders and court procedures apply, providing important guidance for agencies, applicants and legal practitioners.

Australia Litigation

HR

Holding Redlich

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

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

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Arbitration & Dispute Resolution

Damages Down, Costs Up: The Impact Of Prior Settlements And Rejected Offers

Australian courts place significant weight upon any rejection of reasonable offers of compromise made in the proceeding.

Australia Litigation

B

Barry Nilsson

Claim farming banned in South Australia – legislation update

Claim farming refers to the practice of making unsolicited approaches to people who have suffered injury and persuading them to commence a compensation claim.

Australia Litigation

GC

Gilchrist Connell

Right To Information: The Limit Does Exist

Case clarifies the limits of RTI access when tribunal orders and court procedures apply, providing important guidance for agencies, applicants and legal practitioners.

Australia Litigation

HR

Holding Redlich

The rise of ‘unmeritorious' workplace claims in the age of AI

Australia Litigation

S

Swaab

Full Court Press: Preliminary Discovery And Arbitration Agreements In A Basketball Showdown

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Contingent loss and limitation periods: High Court clarification in solicitors' negligence claims

Australia Litigation

GC

Gilchrist Connell

When Does Time Start? The High Court Clarifies The Operation Of Limitation Periods To Actions In Negligence For Economic Loss

Australia Litigation

K

Kennedys

Washed Away - Negligence Or Nuisance?

Australia Litigation

B

Barry Nilsson

AI in arbitration: A new frontier?

Australia Litigation

CC

Corrs Chambers Westgarth

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Court Procedure

One Common Law, One Standard: Significant Damages Award In Historic Queensland Abuse Case

The decision reinforces that there is but one common law of Australia.

Australia Litigation

B

Barry Nilsson

Damages Down, Costs Up: The Impact Of Prior Settlements And Rejected Offers

Australian courts place significant weight upon any rejection of reasonable offers of compromise made in the proceeding.

Australia Litigation

B

Barry Nilsson

Right To Information: The Limit Does Exist

Case clarifies the limits of RTI access when tribunal orders and court procedures apply, providing important guidance for agencies, applicants and legal practitioners.

Australia Litigation

HR

Holding Redlich

Full Court Press: Preliminary Discovery And Arbitration Agreements In A Basketball Showdown

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

At What Cost: Federal Court Affirms Approval Rules For Solicitor Costs Agreement

Australia Litigation

CC

Corrs Chambers Westgarth

Navigating The Increase In Historical Abuse Litigation: Emerging Challenges For Courts And Practitioners

Australia Litigation

GC

Gilchrist Connell

Causation, Counterfactuals And Proof: High Court Reaffirms The Importance Of Establishing Compensable Loss In Solicitors Negligence Claims

Australia Litigation

B

Barry Nilsson

Think Before You Consent

Australia Litigation

B

Barry Nilsson

Contingent loss and limitation periods: High Court clarification in solicitors' negligence claims

Australia Litigation

GC

Gilchrist Connell

See more

Sovereign Immunity: Public Sector Government

High Court clarifies the tort of private nuisance as it applies to statutory authorities

Public authorities may be liable in private nuisance for construction impacts unless they can prove the interference was reasonable or inevitable.

Australia Litigation

B

Barry Nilsson

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

Commonwealth's status as a "body politic" will not preclude it from recovering damages on a patent owner's undertaking.

Australia Litigation

SF

Spruson & Ferguson

High Court says keep calm and don't get wound up (if you have foreign immunity)

Foreign state immunity extends to a state-owned national airline subject to winding-up proceedings.

Australia Litigation

CC

Corrs Chambers Westgarth

Waiver of sovereign immunity from the jurisdiction of the Australian Courts

Australia Litigation

HR

Holding Redlich

Federal Court finds India waived foreign state immunity in proceedings to recognise and enforce US$111 million award

Australia Litigation

CC

Corrs Chambers Westgarth

Cross Post: Federal Court Of Australia Affirms Jurisdiction To Enforce Arbitral Awards Against Foreign States Party To The New York Convention

Worldwide Litigation

HS

Herbert Smith Freehills Kramer LLP

Federal Court Of Australia Affirms Jurisdiction To Enforce Arbitral Awards Against Foreign States Party To The New York Convention

Australia Litigation

HS

Herbert Smith Freehills Kramer LLP

A Ray Of Sunshine For Solar Energy Investors: High Court Of Australia Rejects Spain's Sovereign Immunity Plea Against Recognition And Enforcement Of ICSID Arbitral Award

Worldwide Litigation

SJ

Steptoe LLP

A guide to legal costs for medical negligence and public liability claims.

Australia Litigation

P

Polaris Lawyers

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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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