Oceania: Litigation, Mediation & Arbitration

A recent NSW District Court decision has clarified that the extension of the limitation period for strata claims from 2 to 6 years does not apply retrospectively to claims that had already expired before the legislative change took effect on 1 July 2025. The case also raises important questions about when owners become aware of their loss for limitation purposes, potentially departing from established precedent.

The New South Wales Court of Appeal's decision in The Owners Strata Plan No 66375 v King clarified critical aspects of statutory warranties under the Home Building Act 1989 (NSW), particularly regarding design defects and developer liability. The case examined whether developers could be held liable for defects originating in architectural design rather than construction workmanship, and whether statutory warranties extend beyond the express terms of building contracts.

The Court had to determine who paid the costs in an essentially unsuccessful claim by Star Casino against a builder who then cross claimed against an architect where various indemnity costs offers were made.

This decision is a reminder of the steps which need to be taken and criteria to be satisfied in order to successfully rely on the defences of honest opinion, statutory qualified privilege and justification under the Defamation Act 2005.

The key takeaway from this case is that making specific assertions concluding upon the lawfulness of another's actions is fraught.

Social media posts can lead to legal liability, particularly when statements blur the line between fact & opinion or make unsubstantiated allegations about misconduct.

New South Wales courts offer sentencing reductions for early guilty pleas through the "utilitarian value" discount, but the rules governing these reductions are surprisingly complex and far from automatic. How much can timing affect a criminal sentence, and what factors determine whether an offender receives the maximum 25% discount or something far less?

The Court had to determine who paid the costs in an essentially unsuccessful claim by Star Casino against a builder who then cross claimed against an architect where various indemnity costs offers were made.

Domestic Violence Orders in Queensland are serious legal protections that many people don't fully understand until they're directly involved. Whether you've been served with a DVO application or you're considering...

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.

These changes introduce additional changes and clarifications to the already sweeping reforms introduced by the Workers Compensation Legislation Amendment Bill 2025.