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.

Bird strike - Driver left with nobody to sue

Recent case held that properly parked cars aren't "in use" for liability & drivers can't claim no-fault damages if their own actions contributed to the crash.

Australia Litigation

M

McCabes

Claim farming soon to be prohibited in South Australia

It will also be prohibited to provide or receive a benefit in exchange for a 'claim referral'.

Australia Litigation

B

Barry Nilsson

Palmer v Allianz Australia Insurance Limited [2025] NSWPIC 440; (28 August 2025) – assessing reasonableness in due inquiry and search

Claimants must make genuine & timely efforts to identify an unknown vehicle before claiming against the Nominal Defendant.

Australia Litigation

CO

Carroll & O'Dea

Claimant's duty to co-operate with the insurer is mandatory

Recent decision makes it clear that the section 6.24 obligation to co-operate with the Insurer is mandatory.

Australia Litigation

M

McCabes

"I Know What I'm Worth" – Why That's Rarely True In Queensland Injury Claims

Australia Litigation

RL

Roche Legal

Liebert V Allianz Australia Insurance Limited [2025] NSWPIC 458 – Clarifying The Definition Of "Motor Accident"

Australia Litigation

CO

Carroll & O'Dea

Allianz Australia Insurance Limited v Bell [2025] NSWCA 187 – Court of Appeal clarifies Review Panel's role in psychological injury claims

Australia Litigation

CO

Carroll & O'Dea

Allianz Australia Insurance Limited v Moore [2025] NSWPICMP 557 – when pre-existing psychological injuries affect whole person impairment

Australia Litigation

CO

Carroll & O'Dea

Defamation and other legislation amendment bill 2025 (Qld)

Australia Litigation

SL

Stonegate Legal

When "remedy defects" means "pay damages": lessons from Grech v Biltar Pty Ltd [2025] VSC 636

Australia Litigation

PP

Pointon Partners

How is relative culpability assessed when one party disobeys the road rules?

Australia Litigation

M

McCabes

Are Orders The New Middle Ground In Tax Practitioners Board Sanctions, The Tribunal Thinks So

Australia Litigation

PA

Piper Alderman

The Devil Is In The Detail In Establishing The Peer Professional Opinion Defence

Australia Litigation

B

Barry Nilsson

Washed Away - Negligence Or Nuisance?

Australia Litigation

B

Barry Nilsson

It depends – Should you involve your kids in the control of your family discretionary trust?

Australia Family

CG

Cooper Grace Ward

Employing Work And Holiday Makers Beyond Six Months | Staying Compliant

Australia Immigration

IL

Interstaff Immigration Agency

ESSENTIAL ESG SPECIAL EDITION - Responsible AI Governance: Emerging Legal Risks And Regulatory Trends

Australia Technology

CC

Corrs Chambers Westgarth

New road rules and driving offences come into effect across Australia

Australia Transport

SC

Sydney Criminal Lawyers

Inside Safety Podcast Series - Episode 2 Spotlight On Silica – Recent Developments And Trends

Australia Employment

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

Washed Away - Negligence Or Nuisance?

The spotlight on a public authority's liability in nuisance or negligence is likely to remain for some time.

Australia Litigation

B

Barry Nilsson

AI in arbitration: A new frontier?

AI is increasingly used in arbitration for efficiency, but regulators urge caution amid risks of bias, confidentiality breaches & limited legal guidance.

Australia Litigation

CC

Corrs Chambers Westgarth

The rise of data centre arbitration

Australia's rapid data centre expansion is set to trigger more disputes, with arbitration emerging as the preferred resolution method.

Australia Litigation

CC

Corrs Chambers Westgarth

Australia's growing reputation as a pro-enforcement jurisdiction

Australia Litigation

CC

Corrs Chambers Westgarth

Mining in space: the role of arbitration in the new frontier

Australia Litigation

CC

Corrs Chambers Westgarth

Arbitration and M&A disputes: a global trend Australia cannot ignore

Australia Litigation

CC

Corrs Chambers Westgarth

Effective dispute resolution: how do expert determination and arbitration compare?

Australia Litigation

CC

Corrs Chambers Westgarth

Climate Litigation Is Shaping The Regulatory Landscape In Australia

Australia Environment

KW

King & Wood Mallesons

Funds Update - 10 October 2025

Australia Finance

KL

Herbert Smith Freehills Kramer LLP

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Court Procedure

Washed Away - Negligence Or Nuisance?

The spotlight on a public authority's liability in nuisance or negligence is likely to remain for some time.

Australia Litigation

B

Barry Nilsson

Duty Of Disclosure: Prosecution Disclosure Obligations And Guidelines

The prosecution role is a public duty to be efficiently performed with an ingrained sense of dignity.

Australia Litigation

CD

Criminal Defence Lawyers Australia

Punters beware: Possible law reform no basis for adjournment

Courts will not delay hearings based on the speculative prospect of future legislative changes.

Australia Litigation

GC

Gilchrist Connell

How can government lawyers claim legal professional privilege in relation to a FOI request? Lessons from Burford v TEQSA

Australia Litigation

HR

Holding Redlich

Damages in commercial litigation in Qld

Australia Litigation

SL

Stonegate Legal

Vexatious Litigant under the Vexatious Proceedings Act 2005

Australia Litigation

SL

Stonegate Legal

Filmalter v Swenson: the Queensland approach to the peer professional opinion defence

Australia Litigation

CO

Carroll & O'Dea

Adjudicator Discretion and Legal Error: Builtcom Constructions v VSD

Australia Litigation

PA

Piper Alderman

Mareva Injunction (Freezing Order) – How Freezing Orders Work in Australian Law

Australia Litigation

U

Unified Lawyers

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Sovereign Immunity: Public Sector Government

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

Foreign state immunity from Australian court proceedings was at the centre of both these recent cases.

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

International Arbitration Comparative Guide

Australia Litigation

HS

Herbert Smith Freehills

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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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