Australia: Trials & Appeals & Compensation

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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.

Non-delegable duties and intentional wrongs – the High Court determination

The High Court of Australia determined that a non-delegable duty of care could be breached by the intentional criminal wrong doing of a third party.

Australia Employment

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Barry Nilsson

High Court widens exposure for organisations working with vulnerable people

Recent HC decision declares that a non-delegable duty of care can extend to the intentional criminal acts of employees, delegates &/or third parties.

Australia Employment

GC

Gilchrist Connell

Queensland Court of Appeal provides guidance on fact-finding and the extent of vicarious liability for certain staff members in historic school sexual abuse decision

Recent decisions reinforce important principles in assessing evidence & vicarious liability in relation to allegations of historic sexual abuse.

Australia Litigation

GC

Gilchrist Connell

High Court appeal (submissions): AA v the Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle ABN 79469343054 – case S94/2025

Analysis of recent Duty of Care case.

Australia Litigation

CO

Carroll & O'Dea

Sued by a party with little or no money? Seeking security for your legal costs

Australia Litigation

BP

Bennett & Philp Lawyers

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

Australia Litigation

JD

Jones Day

A case study in evidentiary challenges for historic abuse matters

Australia Litigation

B

Barry Nilsson

Establishing acceptable professional practice – learnings for birth injury claims from the Nemes case

Australia Litigation

K

Kennedys

A Divorce, A Debt And A Duty: Shao v Crown Global Capital Pty Ltd

Australia Commercial

KL

Herbert Smith Freehills Kramer LLP

Can a vendor cancel a contract of sale and keep the deposit? Which case won?

Australia Real Estate

S

Stacks Law Firm

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

Australia Litigation

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Pointon Partners

Court orders disclosure of hundreds of abuse claims in Brisbane youth detention centre case

Australia Privacy

RL

Roche Legal

Regulatory And Class Action Risk Symposium

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Class Actions Radar: Scanning Global Trends And Risks

Worldwide Litigation

KL

Herbert Smith Freehills Kramer LLP

Terminating an employee based on their inability to perform the inherent requirements of a job

Australia Employment

CG

Coleman Greig Lawyers

Podcast: SMSFs With CGW – What Is Happening With Division 296 Tax? (Tax On Large Superannuation Balances)

CG

Cooper Grace Ward

Essential ESG: Episode 26 – Insights From The 2025 UN Forum On Business And Human Rights

Australia Environment

CC

Corrs Chambers Westgarth

New English Requirements For Visas

Australia Immigration

IL

Interstaff Immigration Agency

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

Australia Commercial

CC

Corrs Chambers Westgarth

All Eyes On EYLEA–Sandoz Defeats Preliminary Injunction

The recent decision in Regeneron Pharmaceuticals, Inc v Sandoz shows how a strong noninfringement position can be powerful to resisting a preliminary injunction.

KG

K&L Gates LLP

Settlement Offers And Costs Protection In Family Law Matters – The Benefits Of Genuine Negotiations

As family lawyers, we are often asked the question about whether the other party should be forced to pay their legal costs, especially when the other party is taking an unreasonable or very litigious approach.

Australia Family

KK

Kalus Kenny Intelex

Crypto In The Courts – ASIC v Finder Update

The Federal Court of Appeal has dismissed ASIC's appeal and upheld the primary judge's decision that Finder Wallet's (Finder) product "Finder Earn" was not a "debenture" and they did not have to hold an Australian Financial Services License (AFSL).

Australia Technology

KG

K&L Gates LLP

How Experts Navigate The Complexities Of An Account Of Profits

In recent years, we have seen a notable rise in legal proceedings that require quantifying an account of profits in addition to damages, either by independent experts engaged by the plaintiff or defendant or joint or court-appointed experts.

Australia Litigation

FC

FTI Consulting

Financing Of Australian Class Actions—Solicitors Common Fund Order Disallowed

Australia Litigation

JD

Jones Day

Time's Up: NSW Court Of Appeal Reminder About The Importance Of Understanding And Hitting Security Of Payment Deadlines

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Under The Guillotine: Inside A High-Stakes Expert Report Deadline

Australia Litigation

FC

FTI Consulting

Clouds Over Blue Sky: High Court Limits Solicitors' CFOs

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Climate Change Is Local: Court Of Appeal Quashes Coal Mine Consent Extension

Australia Environment

KL

Herbert Smith Freehills Kramer LLP

Valuing "True Value" In Post-Acquisition Disputes

Australia Litigation

FC

FTI Consulting

Lessons From Lifeplan: How Forensic Experts Bolster Legal Strategy

Australia Litigation

FC

FTI Consulting

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

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Case Alert: Repetitious Claims In Adjudication

Australia Real Estate

KG

K&L Gates LLP

Case Summary – DZY (a pseudonym) v Trustees of the Christian Brothers [2025] HCA 16

Australia Litigation

CO

Carroll & O'Dea

Lessons From Lifeplan: How Forensic Experts Bolster Legal Strategy

10 years on, FTI Consulting's work on the Lifeplan Australia Friendly Society Ltd case against two of Lifeplan's former employees and the Ancient Order of Foresters in Victoria Friendly Society Limited still offers rich and relevant insights into the intersection of forensic expert evidence and legal strategy.

Australia Litigation

FC

FTI Consulting

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

Case Alert: Repetitious Claims In Adjudication

The South Australian Court of Appeal (Court of Appeal) in Goyder Wind Farm 1 Pty Ltd v GE Renewable Energy Australia Pty Ltd & Ors has delivered a landmark judgment.

Australia Real Estate

KG

K&L Gates LLP

Case Summary – DZY (a pseudonym) v Trustees of the Christian Brothers [2025] HCA 16

Implications of recent decision that considered the relevant provisions of the Limitation of Actions Act.

Australia Litigation

CO

Carroll & O'Dea

Summary judgment and complex cases - what's the point?

Australia Litigation

K

Kennedys

Case Summary: Health Care Corporation Pty Ltd t/as Wollongong Private Hospital v Cleary (No 2) [2024] NSWCA 94 – the implications of Offers of Compromise & Calderbank offers

Recent case offers a detailed analysis of the costs implications stemming from Offers of Compromise and Calderbank offers.

Australia Litigation

CO

Carroll & O'Dea

Is An "Unfortunate" Delay An "Unreasonable" Delay?

Government delays can be an unfortunate feature of administrative decision-making. Australians and Australian businesses waiting on a government decision, such as a freedom of information ("FOI") request...

Australia Government

ML

Moulis Legal

Can Claimants Establish A DBPA Claim Using A Less Stringent Standard Of Proof?

A recent Court of Appeal case confirms that in relation to a claim under section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBP Act) the Court may assess damages in a robust manner...

Australia Real Estate

VY

Vincent Young

Liquidator Failing To Syfon Back Third-party Payments

In the case of In the matter of Pacific Plumbing Group Pty Limited (in liquidation) [2024] NSWSC 525, the Supreme Court of New South Wales provided helpful insight into what constitutes an unfair preference payment.

Australia Commercial

VY

Vincent Young

A Landmark Court Of Appeal Case Led By Vincent Young Changes The Operation Of Bank Guarantees In NSW

Australia Real Estate

VY

Vincent Young

Making A Calderbank Offer: Things To Keep In Mind

Australia Real Estate

VY

Vincent Young

Navigating legal costs – understanding "No Win No Fee" in your personal injury claim in NSW

Australia Litigation

CO

Carroll & O'Dea

Rights to appeal after being convicted of a crime in NSW

Australia Criminal

OC

O'Brien Criminal & Civil Solicitors

What factors are considered when determining whether to pursue a retrial in NSW?

Australia Litigation

SC

Sydney Criminal Lawyers

Case Review – What is a transport accident for the purposes of a TAC claim?

Australia Litigation

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Polaris Lawyers

Jarryd Hayne's successful appeal: The reasons for the result

Australia Litigation

SC

Sydney Criminal Lawyers

How to get car accident compensation in NSW?

Australia Litigation

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JB Solicitors

Understanding Nominal Defendant compensation claims under South Australia's CTP scheme

Australia Insurance

MO

Mellor Olsson Lawyers

Recent Court of Appeal decision concerning claims against insurers where causation was an issue

Australia Litigation

HW

Holman Webb Lawyers

Case summary: Mandoukos v Allianz Australia Insurance Limited [2024] NSWCA 71 – the importance of clearly defining the medical dispute between parties

Australia Litigation

CO

Carroll & O'Dea

To appeal or to extradite: UK courts set to decide on the Assange extralegal show trial

Australia Media & IT

SC

Sydney Criminal Lawyers

Case summary – Historical child abuse - Trustees of the Christian Brothers v DZY (a pseudonym) [2024] VSCA 73

Australia Law Practice

CO

Carroll & O'Dea

Case Summary: Allianz Australia Insurance Limited v Yu [2024] NSWSC 31 – Insurer recovers compensation after false & misleading representations

Australia Insurance

CO

Carroll & O'Dea

Recent Changes to the National Redress Scheme for Victims of Child Sexual Abuse

Australia Litigation

CO

Carroll & O'Dea

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Latest Videos

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Future Of Consumer APAC: Climate Change And ESG Litigation Trends In The Consumer Sector

HS

Herbert Smith Freehills Kramer LLP

I do not agree with the judges decision – Can I appeal?

CG

Cooper Grace Ward

[Podcast] Coronial inquests and the Coroners Act 2003 (Qld)

LT

Level Twenty Seven Chambers

[Podcast] Appeals: When is a trial judge wrong?

LT

Level Twenty Seven Chambers

CU LAB: Clauses for recovery of legal costs: what protection do they provide?

CU

Clayton Utz

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