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.
Article
No Reasons Required: Supreme Court Reinforces The Limits Of Medical Panel Judicial Review
The Victorian Supreme Court has ruled on the procedural framework governing Medical Panel referrals under the Wrongs Act, addressing whether multiple respondents can separately refer identical medical questions to different panels and whether subsequent panels must reconcile their findings with earlier determinations. The decision in Baressi v Cross Yarra Partnerships & Ors clarifies the independence of Medical Panel assessments and the limited grounds available for judicial review of their determinations.
Australia Litigation
K
Kennedys
Article
Section 22 PIPA Requests In Queensland Personal Injury Claims: A Strategic Tool For Early Claim Resolution
Queensland's Personal Injuries Proceedings Act 2002 provides respondents with a powerful strategic tool through section 22 requests for information. When properly deployed, these requests can expose weaknesses in causation and credibility, lock claimants into early versions of events, and potentially result in claim withdrawals before significant legal expenses are incurred.
Australia Litigation
GC
Gilchrist Connell
Article
Adverse Credit And Weight Of Evidence In Personal Injury Matters
A recent Personal Injury Commission decision examines how adverse credibility findings can fundamentally undermine a workers compensation claim, even when supported by medical evidence. The case explores the interplay between witness reliability, corroborative evidence, and the 'fair climate doctrine' when medical opinions rest heavily on self-reported histories from discredited sources.
Australia Litigation
BP
Bartier Perry
Article
Yindjibarndi And WA Government To Appeal $150 Million Federal Court Native Title Compensation Decision
The State of Western Australia and the Yindjibarndi Ngurra Aboriginal Corporation have both filed appeals against a landmark Federal Court decision awarding $150 million in compensation for cultural loss caused by mining operations in the Pilbara region. This unprecedented case marks the first judicial determination of native title compensation for future acts and the largest cultural loss award in Australian history, establishing critical precedents for how compensation is assessed when native title rights
Australia Government
HR
Holding Redlich
Article
At The Point Of Agreement: Validity Of Prior Settlements Where Capacity Is In Issue
The plaintiff sought to invalidate a settlement agreement and deed of settlement concerning allegations of sexual abuse, arguing he lacked capacity due to alcohol use disorder. The Court found the plaintiff was a 'person under disability' when instructing his solicitors on 16 July 2019 but not when signing the deed on 5 August 2019, ultimately ruling that the deed was enforceable.
Australia Litigation
BN
Barry Nilsson
Article
Campbell Bht Mammoliti v Ritchie [2026] NSWSC 754
A New South Wales Supreme Court case examines the challenges of pursuing a medical negligence claim more than 20 years after surgery, where the plaintiff's credibility was severely undermined during 14 days of cross-examination. The judgment addresses critical issues surrounding limitation periods, the requirement for cogent explanations of delay, and the evidentiary burden of establishing disability or incapacity to suspend statutory time limits.
Australia Litigation
M
McCabes
Article
Steps To Take When You Have Been Injured In A Public Or Private Space
When an accident occurs on public or private property in New South Wales, understanding your legal rights and taking immediate action can be crucial to any future compensation claim. This guide outlines the essential steps to protect your interests, from documenting the incident scene to preserving critical evidence that may determine whether you can successfully prove negligence and recover damages.
Australia Litigation
CO
Carroll & O'Dea
Article
Giving It Away To Keep It Safe: What A Recent Court Of Appeal Decision Means For Protecting Your Estate From Family Disputes
Many parents worry about what will happen to their hard-earned assets after they die. Some worry, in particular, that one of their children may challenge their will and unravel the careful plans they have made. One approach (but fairly extreme strategy), is to restructure assets during their lifetime, transferring property or control of family trusts to a trusted child so that there is less in the estate for anyone to fight over. But can those lifetime transfers themselves be unwound later, on the basis that the parent was taken advantage of?
Australia Family
BP
Bartier Perry
Article
Summary Judgment In Debt Recovery Queensland
Summary judgment offers Queensland creditors a powerful tool to resolve debt recovery litigation without a full trial, but success requires more than proving an unpaid debt. Courts demand clear evidence that the defence has no real prospect of success and that judicial determination of factual disputes or credibility issues is unnecessary. Understanding when to apply, what evidence strengthens your case, and which common mistakes undermine otherwise strong applications can mean the difference between swift
Australia Litigation
SL
Stonegate Legal
Article
Using AI In PIC Proceedings? Disclosure And Verification Are Essential
The Personal Injury Commission of New South Wales has issued its first decision addressing the use of generative AI in legal proceedings, establishing clear expectations for disclosure and verification when AI tools are employed. In Sentinel Community Services Pty Ltd v Clark Chesaites, an employer's undisclosed use of AI resulted in incorrect case citations and irrelevant statutory references, prompting the Commission to emphasize that compliance with AI disclosure rules applies equally to self-represented
Australia Litigation
BP
Bartier Perry
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