Australia: Litigation, Mediation & Arbitration

The High Court has unanimously ruled that a wife's secret recording of her husband admitting to rape was lawfully obtained and admissible as evidence. This landmark decision significantly expands when covert recordings can be used in domestic violence and sexual assault prosecutions, potentially transforming how such cases are prosecuted across Australia.

When police contact you about a criminal investigation, understanding your rights and obligations becomes critical to protecting your legal position. This comprehensive guide examines what happens during police investigations, whether you should participate in interviews, and how early legal advice can significantly impact the outcome of your case.

Under Queensland's Uniform Civil Procedure Rules, parties to civil litigation face automatic and continuing obligations to disclose all documents in their possession or control that are directly relevant to disputed allegations. This comprehensive guide examines the scope of disclosure duties, the meaning of key concepts like possession, control and direct relevance, and how courts exercise their powers to manage the disclosure process in modern litigation involving both traditional and electronic evidence.

Navigating property settlement after separation in Victoria involves understanding how courts divide assets, liabilities, and financial resources between former spouses or de facto partners. The process considers financial and non-financial contributions, future needs, and the impact of family violence to reach a just and equitable outcome under the Family Law Act 1975.

The NSW Supreme Court is increasingly capping legal costs in family provision proceedings, especially in smaller estates. Two recent Supreme Court decisions, Lord v Craig [2026] NSWSC 17 (Lord) and Re Estate Weinberger [2026] NSWSC 158 (Weinberger) illustrate why the Court is taking control of legal costs in family provision cases and the likely impact on parties and practitioners involved in those cases going forwards.

A NSW Civil and Administrative Tribunal decision clarifies that lot owners who renovate common property under a special by-law may assume long-term maintenance and repair obligations for those alterations. The ruling examines when owners corporations can resist repair claims and what evidence is required to establish statutory warranty breaches in strata renovation disputes.

The Queensland Court of Appeal examines whether a solicitor's equitable lien attaches to costs orders at the time they are made, determining priority rights over monies recovered through receivership proceedings. The decision clarifies the scope and enforcement of solicitors' liens in insolvency contexts.

Psychometric testing has become an increasingly common component of personal injury claims involving psychological injuries. This standardized assessment method uses structured questions...

Obtaining a court judgment is only the first step in debt recovery. When a judgment debtor fails to pay voluntarily, Queensland law provides multiple enforcement mechanisms under the Uniform Civil Procedure Rules...

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.