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.

Giving evidence from overseas via audio-visual link

Outlines the current position in NSW & the Commonwealth courts & highlights key considerations for practitioners planning to call a witness remotely from abroad.

Australia Litigation

BP

Bartier Perry

Appealing to reason – $1.9m reduction in damages by SA Court of Appeal

Recent decision provides greater certainty for insurers, ensuring that damages assessments are grounded in substantiated evidence when quantifying loss.

Australia Litigation

B

Barry Nilsson

Disputing The Dispute Resolution Clause: When An Arbitration Clause May Be Unfair

An explanation of the effect of the dispute resolution clause might have gone a considerable way in addressing whether the clause was unfair.

Australia Litigation

PA

Piper Alderman

Compounding Harm: Separating Causes Of Serious Harm In Defamation Proceedings

The decision reinforces the need to carefully consider the content of written publications in interconnected communities.

Australia Litigation

B

Barry Nilsson

Case Review (MAIA): Bauer V Clay

Australia Litigation

RL

Roche Legal

Warning! Arbitration Ahead

Australia Litigation

HR

Holding Redlich

Case Note: Grech V Dakota Homes Pty Ltd (Building And Property) [2025] VCAT 944

Australia Litigation

P

PCL Lawyers

Defining the scope of a threshold psychiatric dispute

Australia Litigation

M

McCabes

2025 Review: Motor vehicle accident judgments

Australia Litigation

RL

Roche Legal

Who Let The Dog Out?

Australia Litigation

B

Barry Nilsson

Homsi V Homsi: Key Considerations For Plaintiff Lawyers

Australia Litigation

P

Polaris Lawyers

Striking Out Pleadings And Particulars In Queensland

Australia Litigation

SL

Stonegate Legal

Pleadings and particulars in Queensland – Complete Guide

Australia Litigation

SL

Stonegate Legal

Can Plaintiffs Recover Litigation Funding Damages From Defendants In Class Action In Australia?

Australia Litigation

JD

Jones Day

Major Reforms To The Model Work Health And Safety Framework And Incident Notification Duties

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

The Inside Employment, IR And Safety Podcast Series

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Employment law in 2025: key developments and what they mean for employers

Australia Employment

B

Barry Nilsson

Insights Into Unique Court Decisions, With Pavlos Stavropoulos, Senior Disputes And Insolvency Solicitor At Addisons

Australia Insolvency

CP

Cathro & Partners

Essential ESG: Episode 25 – Operating Responsibly In Conflict-affected Areas: The Role Of Grievance Mechanisms

Australia Commercial

CC

Corrs Chambers Westgarth

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Related Country Guides

Enforcement of Foreign Judgments

International Arbitration

Disclosure & Electronic Discovery & Privilege

Right To Information: The Limit Does Exist

Case clarifies the limits of RTI access when tribunal orders and court procedures apply, providing important guidance for agencies, applicants and legal practitioners.

Australia Litigation

HR

Holding Redlich

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

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

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Arbitration & Dispute Resolution

Disputing The Dispute Resolution Clause: When An Arbitration Clause May Be Unfair

An explanation of the effect of the dispute resolution clause might have gone a considerable way in addressing whether the clause was unfair.

Australia Litigation

PA

Piper Alderman

Warning! Arbitration Ahead

The perceived use of arbitration to frustrate (particularly) consumer and employment claims has been controversial in Canada and the US.

Australia Litigation

HR

Holding Redlich

Estates Court Processes To Improve

2026 has started positively in the world of estates with changes to processes in estates matters before the Supreme Court

Australia Family

KK

Kalus Kenny Intelex

Damages Down, Costs Up: The Impact Of Prior Settlements And Rejected Offers

Australia Litigation

B

Barry Nilsson

Claim farming banned in South Australia – legislation update

Australia Litigation

GC

Gilchrist Connell

Right To Information: The Limit Does Exist

Australia Litigation

HR

Holding Redlich

The rise of ‘unmeritorious' workplace claims in the age of AI

Australia Litigation

S

Swaab

Full Court Press: Preliminary Discovery And Arbitration Agreements In A Basketball Showdown

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Contingent loss and limitation periods: High Court clarification in solicitors' negligence claims

Australia Litigation

GC

Gilchrist Connell

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Court Procedure

Giving evidence from overseas via audio-visual link

Outlines the current position in NSW & the Commonwealth courts & highlights key considerations for practitioners planning to call a witness remotely from abroad.

Australia Litigation

BP

Bartier Perry

Striking Out Pleadings And Particulars In Queensland

This article gives a complete guide to striking out pleadings and particulars in Queensland.

Australia Litigation

SL

Stonegate Legal

A Caution For Medical Experts

The recent NSW case of Busa1 emphasises the key role of medical experts in helping Courts to reach fair and evidence-based decisions.

Australia Litigation

K

Kennedys

One Common Law, One Standard: Significant Damages Award In Historic Queensland Abuse Case

Australia Litigation

B

Barry Nilsson

Damages Down, Costs Up: The Impact Of Prior Settlements And Rejected Offers

Australia Litigation

B

Barry Nilsson

Right To Information: The Limit Does Exist

Australia Litigation

HR

Holding Redlich

Full Court Press: Preliminary Discovery And Arbitration Agreements In A Basketball Showdown

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

At What Cost: Federal Court Affirms Approval Rules For Solicitor Costs Agreement

Australia Litigation

CC

Corrs Chambers Westgarth

Navigating The Increase In Historical Abuse Litigation: Emerging Challenges For Courts And Practitioners

Australia Litigation

GC

Gilchrist Connell

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Sovereign Immunity: Public Sector Government

High Court clarifies the tort of private nuisance as it applies to statutory authorities

Public authorities may be liable in private nuisance for construction impacts unless they can prove the interference was reasonable or inevitable.

Australia Litigation

B

Barry Nilsson

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

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

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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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