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.

Review panel finds rotator cuff tear sustained during treatment is a non-threshold injury

A treatment-related rotator cuff tear was ruled a non-threshold injury linked to a motor accident, as it wasn't caused by gross negligence.

Australia Litigation

M

McCabes

Beyond soft tissue: a claimant's victory in establishing a non-threshold lumbar injury in Farsad v QBE Insurance (Australia) Limited [2025] NSWPICMP 311

Crucial guidance on how injuries to spinal discs, often the subject of complex causation arguments can, and should, be correctly recognised as non-threshold injuries.

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

In post-acquisition disputes involving allegations of misleading or deceptive conduct, the concept of "true value" often plays a central role in the quantification of loss.

Australia Litigation

FC

FTI Consulting

How Data Analytics Makes The Difference In Expert Matters

Australia Litigation

FC

FTI Consulting

How A 'Dirty' Expert Helps Clean Up Your Accounting Evidence

Australia Litigation

FC

FTI Consulting

Case summary: Nelson v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 380 – the burden of proof lies with the claimant – but what does that mean in practice?

Australia Litigation

CO

Carroll & O'Dea

Lessons From Lifeplan: How Forensic Experts Bolster Legal Strategy

Australia Litigation

FC

FTI Consulting

Can treatment & care be found on the Uber App?

Australia Litigation

M

McCabes

What is a class action and is it right for your legal case?

Australia Litigation

HP

Hall Payne Lawyers

Case summary: Ellis v AAI Ltd t/as GIO [2025] NSWPIC 162 – when renovations count as treatment and care

Australia Litigation

CO

Carroll & O'Dea

Pabai decision: Federal Court finds no duty of care to protect Torres Strait Islanders from climate change

Australia Litigation

CC

Corrs Chambers Westgarth

Innocent Dissemination Defence in Defamation

Australia Litigation

SL

Stonegate Legal

Case Summary: Forrest V QBE Insurance (Australia) Limited [2025] NSWPIC 206 – Dog Walking Is An Attendant Care Service

Australia Litigation

CO

Carroll & O'Dea

It depends – Trust vesting

Australia Commercial

CG

Cooper Grace Ward

Australian Visa Processing Times And Key Migration Updates

Australia Immigration

IL

Interstaff Immigration Agency

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

Tax Bites: Australian Tax Podcast Series

KL

Herbert Smith Freehills Kramer LLP

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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

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

In post-acquisition disputes involving allegations of misleading or deceptive conduct, the concept of "true value" often plays a central role in the quantification of loss.

Australia Litigation

FC

FTI Consulting

New Community Benefit Agreements For Queensland Renewables Projects

The Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 commenced on 18 July 2025, making Social Impact Assessments and Community Benefit Agreements...

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

Insights into Arbitration and Litigation Funding with Matt Lee, LFM Disputes

Australia Litigation

CP

Cathro & Partners

Case Summary: Trustees Of The Roman Catholic Church For The Diocese Of Maitland-Newcastle V AA [2025] NSWCA 72

Australia Criminal

CO

Carroll & O'Dea

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Court Procedure

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.

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

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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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