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.

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

Case summary: Chowdhury v Insurance Australia Ltd t/as NRMA Insurance [2025] NSWPIC 167 – can pet care be a treatment expense after a motor vehicle accident?

Cost of caring for a household pet can qualify as an "attendant care service" under the Motor Accident Injuries Act 2017 (NSW) (MAIA).

Australia Litigation

CO

Carroll & O'Dea

O'Toole V BlueCare: When Personal Injury Claims Meet The Deadline Dilemma

Case highlighting the importance of timely legal action in personal injury cases.

Australia Litigation

B

Barry Nilsson

Can injury sustained during consequential treatment be a "non-threshold" injury?

A shoulder injury from treatment was linked to the motor accident as a non-threshold injury, but higher court clarity is needed.

Australia Litigation

M

McCabes

Time's Up: NSW Court Of Appeal Reminder About The Importance Of Understanding And Hitting Security Of Payment Deadlines

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

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

Australia Litigation

CO

Carroll & O'Dea

Responding To Pharmacy Complaints: Why Properly Considered Legal Advice And Experience Matters

Australia Litigation

BP

Bennett & Philp Lawyers

Civil Claim Secures Justice For Grieving Son Of Dwayne Johnstone Who Was Fatally Shot In Prison

Australia Litigation

OC

O'Brien Criminal & Civil Solicitors

High Court reinforces fee boundaries: Solicitor's CFOs ruled out in class actions in NSW and all States where the solicitors' rules do not permit contingency fees

Australia Litigation

GC

Gilchrist Connell

Under The Guillotine: Inside A High-Stakes Expert Report Deadline

Australia Litigation

FC

FTI Consulting

Case summary: Allianz Australia Insurance Limited v Yangzom [2025] NSWCA 104 – pain, injury and the limits of medical review under the Motor Accident Injuries Act 2017 (NSW)

Australia Litigation

CO

Carroll & O'Dea

When termination isn't the end: A case note on AZW v State of Queensland

Australia Litigation

GC

Gilchrist Connell

What factors are relevant to whether treatment is reasonable & necessary?

Australia Litigation

M

McCabes

Clouds Over Blue Sky: High Court Limits Solicitors' CFOs

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Aboriginal Death in Police Custody Alice Springs

Australia Criminal

OC

O'Brien Criminal & Civil Solicitors

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

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Skilled Visa Salary Thresholds To Increase To 4.6% From 1 July 2025

Australia Immigration

IL

Interstaff Immigration Agency

Employee sues for $780k after alleged breach of Right to Disconnect

Australia Employment

PP

Pointon Partners

A Key Issue For The Federal Election 2025

Australia Immigration

IL

Interstaff Immigration Agency

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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

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

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

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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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