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.

Case Review (Misfeasance in public office): Kitchen v Quinlivan (No 3)

A court found that a government official committed misfeasance in public office by failing to genuinely consider a doctor’s detailed submission before making a career-destroying decision, resulting in nearly $2 million in damages.

Australia Litigation

RL

Roche Legal

Short stem, strong defence: Court Of Appeal update

The Court of Appeal confirmed that in complex medical negligence cases, courts prioritise overall clinical evidence - such as contemporaneous records, patient functionality & consistent expert opinion - over isolated imaging.

Australia Litigation

BN

Barry Nilsson

Pointless physiotherapy found not reasonable and necessary

Claimant was not be entitled to statutory benefits for treatment & care where it was not reasonable & necessary &/or not related to the injuries sustained in the motor accident.

Australia Litigation

M

McCabes

Enforcing payment of a debt without a contract

The absence of a formalised contract does not prevent the enforcement of payment obligations. Courts will look beyond formality to assess whether the parties' dealings give rise to legally enforceable rights however these pathways are tightly confined.

Australia Litigation

SL

Stonegate Legal

Mandatory Final Offers and Settlement Formalities: Understanding Allen v Brother International

Australia Litigation

RL

Roche Legal

Defamation: Serious harm and media accountability

Australia Litigation

BN

Barry Nilsson

Negligence claim leaks through statutory limitation period

Australia Litigation

BN

Barry Nilsson

When Can An Owner Commence Proceedings In The 6 Months After The Expiry Of The Statutory Warranty Periods

Australia Litigation

S

Swaab

Assessing relative culpability in multi-vehicle accidents

Australia Litigation

M

McCabes

"There is but one common law in Australia": the broader impacts of Greenall v Amaca Pty Ltd

Australia Litigation

BN

Barry Nilsson

Novel duty of care: principles and analysis

Australia Litigation

BN

Barry Nilsson

Ogbonna v CTI Logistics Ltd (No 8): The sequestration order was set aside but the costs story did not end there

Australia Litigation

MF

Matthews Folbigg Lawyers

Leave to Amend a Defence Filed Late – Case Note

Australia Litigation

SL

Stonegate Legal

Threshold injury found not to apply to public transport accidents

Australia Litigation

M

McCabes

And the record greenwashing penalty goes to…

Australia Finance

HN

Holley Nethercote

Final Pay On The Final Day: Courts' Emerging Willingness To Penalise "Technical Contraventions"

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Employment Relations Podcast #46 – Safety In The Workplace: Drug And Alcohol Testing And Policies

Australia Employment

PA

Piper Alderman

What Changed For The Subclass 485 Visa In 2026?

Australia Immigration

RM

Roam Migration Law

Michael Byrnes discusses the Westpac WFH case on 2SM with Tim Webster

Australia Employment

S

Swaab

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Related Country Guides

International Arbitration

Enforcement of Foreign Judgments

Disclosure & Electronic Discovery & Privilege

Privilege And AI: When AI-generated Documents Are Not Protected

Two recent US cases have considered whether communications involving AI tools are protected by attorney–client privilege or the work product doctrine.

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

Twist of fate: a painful lesson in liability - Mammoliti v Oriental Massage Burwood Pty Ltd

This case highlights the importance of conducting thorough investigations into a claim and obtaining sufficient evidence, particularly in advance of a trial.

Australia Litigation

BN

Barry Nilsson

Right To Information: The Limit Does Exist

Case clarifies the limits of RTI access when tribunal orders and court procedures apply, providing important guidance for agencies, applicants and legal practitioners.

Australia Litigation

HR

Holding Redlich

Adjudicator Discretion and Legal Error: Builtcom Constructions v VSD

Australia Litigation

PA

Piper Alderman

Relevance, efficiency, and proportionality – the ambit of the duty to disclose

Australia Litigation

BN

Barry Nilsson

The Inquest Series: The ‘right to silence' in Coronial Inquests

Australia Litigation

BN

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

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Arbitration & Dispute Resolution

Mandatory Final Offers and Settlement Formalities: Understanding Allen v Brother International

For practitioners dealing with disputed settlements, Allen provides persuasive authority that acceptance of a compliant MFO creates immediate contractual obligations, even if formalization remains incomplete.

Australia Litigation

RL

Roche Legal

Negligence claim leaks through statutory limitation period

This decision underscores the importance of body corporates acting promptly when faced with such situations.

Australia Litigation

BN

Barry Nilsson

Novel duty of care: principles and analysis

The case provides clear confirmation of the principles applied in determining whether a duty of care exists and establishing negligence.

Australia Litigation

BN

Barry Nilsson

Ogbonna v CTI Logistics Ltd (No 8): The sequestration order was set aside but the costs story did not end there

Australia Litigation

MF

Matthews Folbigg Lawyers

Cost saver or chimera? Preliminary hearings on serious harm in defamation: Bottrill v Graham (No 2) [2025] NSWDC 221

Australia Litigation

K

Kennedys

Getting costs in Fair Work Act proceedings requires careful planning

Australia Litigation

HR

Holding Redlich

Four seconds too late | Commission rejects late claim filed seconds after deadline

Australia Litigation

BP

Bartier Perry

Commercial Litigation Lawyers Sydney

Australia Litigation

JS

JB Solicitors

English High Court Rules Assignees Cannot Enforce ICSID Awards, Departing From Australian And US Decisions

Australia Litigation

CC

Corrs Chambers Westgarth

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Court Procedure

Mandatory Final Offers and Settlement Formalities: Understanding Allen v Brother International

For practitioners dealing with disputed settlements, Allen provides persuasive authority that acceptance of a compliant MFO creates immediate contractual obligations, even if formalization remains incomplete.

Australia Litigation

RL

Roche Legal

Negligence claim leaks through statutory limitation period

This decision underscores the importance of body corporates acting promptly when faced with such situations.

Australia Litigation

BN

Barry Nilsson

When Can An Owner Commence Proceedings In The 6 Months After The Expiry Of The Statutory Warranty Periods

When a defect claim emerges in the final six months of statutory warranty periods, owners may still have time to act. This update explains when proceedings can be commenced under...

Australia Litigation

S

Swaab

Ogbonna v CTI Logistics Ltd (No 8): The sequestration order was set aside but the costs story did not end there

Australia Litigation

MF

Matthews Folbigg Lawyers

Leave to Amend a Defence Filed Late – Case Note

Australia Litigation

SL

Stonegate Legal

Cost saver or chimera? Preliminary hearings on serious harm in defamation: Bottrill v Graham (No 2) [2025] NSWDC 221

Australia Litigation

K

Kennedys

New practice note to drive increased efficiency in the Oppression Proceeding Program in the Supreme Court of Victoria

Australia Litigation

HR

Holding Redlich

Getting costs in Fair Work Act proceedings requires careful planning

Australia Litigation

HR

Holding Redlich

Case Review (PIPA): Ryan v Gold Coast Hospital and Health Service

Australia Litigation

RL

Roche Legal

See more

Sovereign Immunity: Public Sector Government

Novel duty of care: principles and analysis

The case provides clear confirmation of the principles applied in determining whether a duty of care exists and establishing negligence.

Australia Litigation

BN

Barry Nilsson

Mind The Gap: Inside NSW's Escalating Impairment Thresholds For Workplace Psychological Injury Claims

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

Australia Litigation

HW

Holman Webb Lawyers

High Court clarifies the tort of private nuisance as it applies to statutory authorities

Public authorities may be liable in private nuisance for construction impacts unless they can prove the interference was reasonable or inevitable.

Australia Litigation

BN

Barry Nilsson

Australia | Five key lessons from the High Court's decision in the Commonwealth damages case

Australia Litigation

SF

Spruson & Ferguson

High Court says keep calm and don't get wound up (if you have foreign immunity)

Australia Litigation

CC

Corrs Chambers Westgarth

Waiver of sovereign immunity from the jurisdiction of the Australian Courts

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

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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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