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.

How most At Fault disputes are assessed when the insured is not at fault

Claimant loses benefits >52 weeks if mostly at fault, with negligence judged by how far their driving fell below the required standard when the insured wasn't at fault.

Australia Litigation

M

McCabes

What to do when tragedy strikes a minor who is my child or someone in my care: can a minor make a claim for compensation?

Compensation schemes are not restrictive and therefore apply to both adults and children. Describes how a minor can make a claim.

Australia Litigation

CO

Carroll & O'Dea

Consequential surgery is not "an injury" in the absence of harm

Recent personal injury decision highlights a potential legislative anomaly.

Australia Litigation

M

McCabes

"My Financial Adviser should have spotted the scam, so they're liable for my losses". Which case won?

Discusses recent case where the UK Financial Ombudsman had to determine whether the financial adviser was responsible for the loss caused by a scam.

Australia Litigation

S

Stacks Law Firm

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

Australia Litigation

GC

Gilchrist Connell

Causation, Counterfactuals And Proof: High Court Reaffirms The Importance Of Establishing Compensable Loss In Solicitors Negligence Claims

Australia Litigation

B

Barry Nilsson

Think Before You Consent

Australia Litigation

B

Barry Nilsson

Rebalancing Workers Compensation Reform: Insights From The Public Accountability And Works Committee Report

Australia Litigation

CO

Carroll & O'Dea

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

Australia Litigation

GC

Gilchrist Connell

When Does Time Start? The High Court Clarifies The Operation Of Limitation Periods To Actions In Negligence For Economic Loss

Australia Litigation

K

Kennedys

Who ruled the dogs out? Review panel finds pet care is not "treatment or care"

Australia Litigation

M

McCabes

The Class Actions Landscape: Australian Class Actions (Podcast)

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Bird strike - Driver left with nobody to sue

Australia Litigation

M

McCabes

Claim farming soon to be prohibited in South Australia

Australia Litigation

B

Barry Nilsson

What Happens If… You Are Faced With A Sanctions Issue And Need To Investigate? (Podcast)

Australia International

KL

Herbert Smith Freehills Kramer LLP

Cause And Consequence: Show Cause Letters In The Landscape Of The Workplace

Australia Employment

BP

Bartier Perry

Crime Rates in Sydney: Suburbs with the Highest and Lowest Rates

Australia Criminal

OC

O'Brien Criminal & Civil Solicitors

New road rules and driving offences come into effect across Australia

Australia Transport

SC

Sydney Criminal Lawyers

Cross Examining Cyber EP19: Cross Examining Carolyn Pugsley, Christine Wong And Peter Jones (Podcast)

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

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Related Country Guides

International Arbitration

Enforcement of Foreign Judgments

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

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

It also reiterates the need for a plaintiff to lead evidence to discharge its onus of proof to establish the existence of an alleged loss.

Australia Litigation

GC

Gilchrist Connell

When Does Time Start? The High Court Clarifies The Operation Of Limitation Periods To Actions In Negligence For Economic Loss

The Court has provided clarity on when a cause of action in negligence accrues for claims of pure economic loss.

Australia Litigation

K

Kennedys

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?

Australia Litigation

CC

Corrs Chambers Westgarth

The rise of data centre arbitration

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

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Court Procedure

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

The Limitation Act provides entitlement to sue for damages for historic acts if a person can prove they suffered serious physical abuse as a child.

Australia Litigation

GC

Gilchrist Connell

Causation, Counterfactuals And Proof: High Court Reaffirms The Importance Of Establishing Compensable Loss In Solicitors Negligence Claims

The identification of the interest that is said to be infringed is critical to the application of limitation periods to negligence claims causing economic loss.

Australia Litigation

B

Barry Nilsson

Think Before You Consent

This case forms an important reminder to both litigants and practitioners to carefully consider consent orders prior to them being submitted to the court.

Australia Litigation

B

Barry Nilsson

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

Australia Litigation

GC

Gilchrist Connell

When Does Time Start? The High Court Clarifies The Operation Of Limitation Periods To Actions In Negligence For Economic Loss

Australia Litigation

K

Kennedys

Washed Away - Negligence Or Nuisance?

Australia Litigation

B

Barry Nilsson

Duty Of Disclosure: Prosecution Disclosure Obligations And Guidelines

Australia Litigation

CD

Criminal Defence Lawyers Australia

Punters beware: Possible law reform no basis for adjournment

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

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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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