Australia: Litigation, Mediation & Arbitration

The duty of disclosure in family law proceedings is fundamental, yet disputes over whether sufficient disclosure has been provided remain common.

When serious allegations are published – intentionally, publicly and to a mass audience – the legal question is immediate and unforgiving: who must justify them? Under Australian defamation law, the answer is not the person defamed. It is the person who chose to publish.

Employees frequently commence proceedings with a pleading containing serious, damaging and untested allegations about the employer, its executives, HR decision-makers, colleagues or even third parties.

Disputes are no longer confined to courtrooms. They surface in boardrooms, in the media and across global operations, often without warning. As the boundaries of liability, ethics and reputation continue to blur, organisations...

Trauma insurance claims in Australia face significant hurdles, from navigating complex policy definitions and medical evidence requirements to addressing pre-existing condition...

When a trauma insurance claim is rejected, policyholders face stress and uncertainty about their financial security. This article examines the three most common reasons...

The New South Wales Court of Appeal has overturned a decision restraining a law firm from acting for a client, establishing that general observations of senior solicitors by junior lawyers do not constitute confidential information. The ruling clarifies when courts can invoke the extraordinary jurisdiction to prevent lawyers from representing clients and emphasizes that parties must be formally joined to proceedings that directly affect their rights.

The New South Wales Court of Appeal recently examined a medical negligence case involving total hip replacement surgery, where the plaintiff alleged inadequate risk warnings...

The appellant, BYM, alleged that in 1999, when she was approximately eight or nine years old, she was sexually assaulted by a groundsman (CD)...

Recent Australian Public Service census data reveals a growing trend in flexible work arrangements, supported by new enterprise agreement provisions. Two landmark Fair Work Commission decisions in Naden and Westpac now provide critical guidance on how employers must handle flexible work requests, highlighting the mandatory requirements and potential consequences of non-compliance that could result in orders granting employee requests even when business grounds exist for refusal.

The High Court of Australia held that India had not waived sovereign immunity in respect of enforcement proceedings by ratifying the New York Convention...

The case provides clear confirmation of the principles applied in determining whether a duty of care exists and establishing negligence.