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.

The future of class actions - potential issues for financial institutions, their directors and insurers

The current issues facing defendants and their insurers in securities and consumer class actions and what the future might hold.

Australia Litigation

K

Kennedys

When the system fails: legal and policy implications of the Monash IVF embryo mix-up

The enormous responsibility borne by fertility clinics and the potentially devastating consequences when protocols fail.

Australia Litigation

CO

Carroll & O'Dea

Exemption applications - My dispute is unsuitable, get me out of here

In recent case the PIC Member made a preliminary finding that the matter was not suitable for assessment by the PIC.

Australia Litigation

M

McCabes

Oppressive conduct claims in the Supreme Court of Victoria: A guide for company leaders

Outlines the process of commencing Oppressive Conduct (OC) claims, along with examples of OC & remedies the court may order.

Australia Litigation

HR

Holding Redlich

Court finds school's duty of care extends beyond school gate

Australia Litigation

S

Stacks Law Firm

What are Fiduciary Duties in Australia?

Australia Litigation

SL

Stonegate Legal

Is the question of causation a "one size fits all?"

Australia Litigation

M

McCabes

Were you even there? Let's check the geolocation data on your phone, shall we?

Australia Litigation

M

McCabes

Revisiting the medical and non-medical tests for causation

Australia Litigation

M

McCabes

What Is a Friend of the Court?

Australia Litigation

U

Unified Lawyers

Security for Costs Orders in Queensland

Australia Litigation

SL

Stonegate Legal

Case Summary – DZY (a pseudonym) v Trustees of the Christian Brothers [2025] HCA 16

Australia Litigation

CO

Carroll & O'Dea

Case Summary: Fazldeen v State of New South Wales [2025] NSWDC – The critical importance of substantiating claims with robust evidence

Australia Litigation

CO

Carroll & O'Dea

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

Australia Litigation

K

Kennedys

Australian Government Releases Work Health And Safety (Sexual And Gender-Based Harassment) Code Of Practice 2025

Australia Employment

LM

Littler Mendelson

How not to have a mortgagee sale

Australia Real Estate

S

Stacks Law Firm

It's official - you can't contract out of s18 of the ACL

Australia Consumer

K

Kennedys

BFA Family Law Basics 2025

Australia Family

JS

JB Solicitors

Subclass 482 Visa Requirements | Work Experience Requirement To Reduce To One Year

Australia Immigration

IL

Interstaff Immigration Agency

Related Country Guides

International Arbitration

Enforcement of Foreign Judgments

Disclosure & Electronic Discovery & Privilege

Medibank Class Action: Navigating The Legal Privilege Maze

Concerns about claims of legal professional privilege over third-party investigation reports produced in the course of responding to cyberattacks...

Australia Technology

AO

A&O Shearman

Overriding purpose – still the most significant discovery in NSW

Overriding purpose – still the most significant discovery in NSW

Australia Litigation

K

Kennedys

Understanding legal professional privilege for plaintiffs in NSW

Legal professional privilege is an essential aspect of the law, enabling lawyers and clients to communicate in confidence.

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

In what instance will an application to reopen a case to introduce further expert reports be refused?

Australia Litigation

E

ExpertsDirect

Effect of delayed efforts in sourcing experts

Australia Litigation

E

ExpertsDirect

Jarryd Hayne's successful appeal: The reasons for the result

Australia Litigation

SC

Sydney Criminal Lawyers

Federal Court rejects Optus' legal privilege claim over cyber-attack report: Observations & Lessons

Australia Litigation

PA

Piper Alderman

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Arbitration & Dispute Resolution

Case Alert: Repetitious Claims In Adjudication

The South Australian Court of Appeal (Court of Appeal) in Goyder Wind Farm 1 Pty Ltd v GE Renewable Energy Australia Pty Ltd & Ors has delivered a landmark judgment.

Australia Real Estate

KG

K&L Gates LLP

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

The High Court of Australia and arbitration in 2024: Key insights from Carmichael, Tesseract and Chevron

What do Carmichael, Tesseract & Chevron tell us about the state of arbitration in Australia? 3 recent arbitration cases discussed.

Australia Litigation

HR

Holding Redlich

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

Australia Litigation

JH

Jewell Hancock

Mediation vs Litigation

Australia Litigation

U

Unified Lawyers

Australia's Proposed Scams Prevention Framework

Australia Finance

KG

K&L Gates LLP

Top Civil Cases of 2024: Key Precedents That Shaped Australian Law

Australia Litigation

OC

O'Brien Criminal & Civil Solicitors

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

Australia Litigation

OC

O'Brien Criminal & Civil Solicitors

Understanding legal professional privilege for plaintiffs in NSW

Australia Litigation

CO

Carroll & O'Dea

See more

Court Procedure

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

Australia Litigation

K

Kennedys

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

Australia Litigation

JH

Jewell Hancock

Retaining embryos beyond legislated 5-year period: Bopping v Monash IVF Pty Ltd

Australia Litigation

CO

Carroll & O'Dea

Mediation vs Litigation

Australia Litigation

U

Unified Lawyers

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

Australia Litigation

CG

Cooper Grace Ward

Understanding A Contempt Of Court Application in Family Court

Australia Litigation

JF

Justice Family Lawyers

See more

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

See more

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

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