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.

Key Lessons From High Court Trust Litigation: Structuring Family And Business Trusts

In a High Court of Australia decision that concluded an eight-year legal battle, Herbert Smith Freehills Kramer was successful in trust-related litigation that has significant lessons for families...

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Soft closure, big decision: High Court grants class closure orders in Lendlease Class Action

This High Court's decision confirms that the court has power to make soft class closure orders.

Australia Litigation

B

Barry Nilsson

What Happens When A Defamation Case Meets Contempt of Court?

Courts don't look kindly on defiance disguised as ideology.

Australia Litigation

OC

O'Brien Criminal & Civil Solicitors

Tips and traps for obtaining and relying on expert evidence

Two recent decisions in the health law space have re-emphasised the need for good expert evidence when litigating claims.

Australia Litigation

GC

Gilchrist Connell

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

Australia Litigation

CP

Cathro & Partners

Defamation in the digital age: the risks of online comments

Australia Litigation

MO

Mellor Olsson Lawyers

The Inquest Series: The ‘right to silence' in Coronial Inquests

Australia Litigation

B

Barry Nilsson

Tribunal wrestles with "extraordinary" difference in expert views

Australia Litigation

E

ExpertsDirect

Damages in defamation claims - Complete guide

Australia Litigation

SL

Stonegate Legal

The prevalence of presentism – lessons to be learned from Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle v AA [2025] NSWCA 72

Australia Litigation

GC

Gilchrist Connell

The Inquest Series: Giving evidence at a Coronial Inquest – trips and traps

Australia Litigation

B

Barry Nilsson

Widely accepted practice in medicine allows for more than one solution to a health issue

Australia Litigation

B

Barry Nilsson

A long way to fall: Council not liable for another trip and fall incident

Australia Litigation

B

Barry Nilsson

Is a flare up of pre-existing Crohn's disease a threshold injury?

Australia Litigation

M

McCabes

Over $400,000 in compensation and penalties ordered against employer for unlawful adverse action

Australia Employment

PP

Pointon Partners

From final warning to Fair Work Commission – the risks of internal investigations for employee misconduct

Australia Employment

CG

Cooper Grace Ward

Can you serve a statutory demand by email in Australia?

Australia Litigation

SL

Stonegate Legal

Visa Rules When Changing Employer Sponsors

Australia Immigration

IL

Interstaff Immigration Agency

Minimum wage increases from 1 July 2025 – what employers need to know

Australia Employment

MO

Mellor Olsson Lawyers

Related Country Guides

Enforcement of Foreign Judgments

International Arbitration

Disclosure & Electronic Discovery & Privilege

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

Generative Artificial Intelligence (Gen AI) can be an amazing tool and resource – but caution must be exercised when using it in a legal context.

Australia Litigation

MO

Mills Oakley

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

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

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

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Arbitration & Dispute Resolution

Tips and traps for obtaining and relying on expert evidence

Two recent decisions in the health law space have re-emphasised the need for good expert evidence when litigating claims.

Australia Litigation

GC

Gilchrist Connell

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

This article shares how litigation funders assess cases, manage risks, and decide whether a claim is worth backing.

Australia Litigation

CP

Cathro & Partners

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

The decision sets a precedent for future litigation involving institutional responsibility for abuse.

Australia Criminal

CO

Carroll & O'Dea

Should I use mediation or arbitration for a commercial dispute?

Australia Litigation

L

LegalVision

What is an offer of compromise?

Australia Litigation

U

Unified Lawyers

Undefended Hearing in the Family Court

Australia Litigation

U

Unified Lawyers

What Is a Litigation Guardian?

Australia Litigation

U

Unified Lawyers

Top five tips for court cross-examination in family law disputes

Australia Litigation

CG

Cooper Grace Ward

Court Mediations and the Enforceability of a Settlement Reached

Australia Litigation

HL

HHG Legal Group

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Court Procedure

Soft closure, big decision: High Court grants class closure orders in Lendlease Class Action

This High Court's decision confirms that the court has power to make soft class closure orders.

Australia Litigation

B

Barry Nilsson

Tips and traps for obtaining and relying on expert evidence

Two recent decisions in the health law space have re-emphasised the need for good expert evidence when litigating claims.

Australia Litigation

GC

Gilchrist Connell

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

This article shares how litigation funders assess cases, manage risks, and decide whether a claim is worth backing.

Australia Litigation

CP

Cathro & Partners

The Inquest Series: The ‘right to silence' in Coronial Inquests

Australia Litigation

B

Barry Nilsson

The Inquest Series: Giving evidence at a Coronial Inquest – trips and traps

Australia Litigation

B

Barry Nilsson

Widely accepted practice in medicine allows for more than one solution to a health issue

Australia Litigation

B

Barry Nilsson

Without prejudice save as to costs

Australia Litigation

U

Unified Lawyers

Chief Justice's Rare NSW Bail Statement Shines Light on Remand Crisis

Australia Litigation

OC

O'Brien Criminal & Civil Solicitors

Case Summary: HMB24 v Operator, National Redress Scheme for Institutional Child Sexual Abuse [2025] FCA 278

Australia Law Practice

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

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