Asia: Litigation, Mediation & Arbitration

Queensland's procedural rules impose detailed obligations when claiming damages, interest and other relief in civil proceedings. Understanding what must be pleaded, how to connect conduct to loss, and when to provide particulars determines whether a statement of claim will withstand scrutiny or require amendment.

特許の進歩性審査における「技術常識」の認定基準と立証要件について、最高人民法院の判例を通じて、教科書や技術辞典以外の専門文献が技

Queensland's special defences operate under strict timing rules that determine whether a plaintiff can recover costs when a defence emerges after litigation begins. Payment tenders made before proceedings and set-offs require specific legal foundations, and courts retain discretion over cost orders when defences crystallise mid-case.

As disputes increasingly rely on vast datasets, expert witnesses face mounting pressure to defend not just their conclusions, but the data foundations beneath them. When courts scrutinize data extraction, transformation, and reliability with the same rigor as expert reasoning, can traditional forensic approaches still withstand challenge?

The Harman undertaking, more accurately termed the implied obligation in Australia, automatically restricts how documents and information obtained through compulsory court processes may be used beyond their original proceeding. This obligation binds parties, solicitors, experts, and others who receive such material, covering disclosed documents, interrogatory answers, subpoenaed materials, affidavits and witness statements.

At a business jury trial, the most dangerous witness may be someone who never attended a meeting or negotiated a contract. They arrive years later, open a laptop, and explain your own company to the jury. That person is the other side's forensic accountant.

Disputes can erode value long before they reach a courtroom. Regulatory scrutiny, class actions and public investigations can affect reputation, investor confidence, and business performance.

As Group 2 entities commence their first reporting period under Australia's mandatory climate reporting regime, ASIC's early observations highlight key disclosure expectations and areas for caution.

Music festivals are high-energy and chaotic events with thousands of people in attendance – often involving alcohol and illicit drugs. For years, many young people in New South Wales were taken into tents and portable cubicles at music festivals for strip searches, told to remove their clothing, and made to squat, bend or lift body parts while police looked on. This process is obviously extremely demeaning, and forces people into extremely uncomfortable positions at the demand of authorities.

Queensland's procedural rules impose detailed obligations when claiming damages, interest and other relief in civil proceedings. Understanding what must be pleaded, how to connect conduct to loss, and when to provide particulars determines whether a statement of claim will withstand scrutiny or require amendment.

In Masters v Mitchell Shire Council (No 2) [2026] VSC 598, the plaintiff sought damages in the Supreme Court of Victoria for injuries sustained when his motorcycle crashed on a curve along Reedy Creek Road in Tyaak on 25 December 2022.

An Uber driver assaulted during a road-rage incident at a pedestrian crossing has been denied compensation under NSW motor accident legislation. The Personal Injury Commission ruled that while the driver was technically still driving when punched through his window, the injury resulted from a deliberate criminal act rather than the use or operation of a motor vehicle, establishing important precedent for distinguishing between injuries occurring while driving versus those caused by driving.