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.

Full Court Press: Preliminary Discovery And Arbitration Agreements In A Basketball Showdown

In most jurisdictions in Australia, a prospective plaintiff can obtain preliminary discovery orders from a Court to ascertain whether it has a right to obtain relief from a prospective defendant, before it commences any substantive proceeding

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

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

Recent case reminds that s5O of the Civil Liability Act 2002 (NSW) does not require unanimous expert opinion.

Australia Litigation

K

Kennedys

Slippery when wet – driver's speeding means they're mostly at fault

A claimant is not entitled to ongoing statutory benefits if they are wholly or mostly at fault for their accident. Recent case example.

Australia Litigation

M

McCabes

Costs In VCAT Proceedings

AMA VicDoc Winter article published in May 2025

Australia Litigation

K

Kennedys

BN's Will Stidston & Julie Kinnear Discuss The High Court's Decision In R Lawyers V Mr Daily

Australia Litigation

B

Barry Nilsson

At What Cost: Federal Court Affirms Approval Rules For Solicitor Costs Agreement

Australia Litigation

CC

Corrs Chambers Westgarth

Supreme Court Finds that Pet Care is an Attendant Care Service

Australia Litigation

M

McCabes

Finality Preserved: Advocate's Immunity In Focus

Australia Litigation

GC

Gilchrist Connell

How most At Fault disputes are assessed when the insured is not at fault

Australia Litigation

M

McCabes

What to do when tragedy strikes a minor who is my child or someone in my care: can a minor make a claim for compensation?

Australia Litigation

CO

Carroll & O'Dea

Consequential surgery is not "an injury" in the absence of harm

Australia Litigation

M

McCabes

"My Financial Adviser should have spotted the scam, so they're liable for my losses". Which case won?

Australia Litigation

S

Stacks Law Firm

Navigating The Increase In Historical Abuse Litigation: Emerging Challenges For Courts And Practitioners

Australia Litigation

GC

Gilchrist Connell

Causation, Counterfactuals And Proof: High Court Reaffirms The Importance Of Establishing Compensable Loss In Solicitors Negligence Claims

Australia Litigation

B

Barry Nilsson

It Depends – What Is Happening With Division 296? (Tax On Large Superannuation Balances)

CG

Cooper Grace Ward

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

Australia Employment

S

Swaab

Insights Into Property And Debt Market

Australia Real Estate

CP

Cathro & Partners

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

Australia Commercial

KL

Herbert Smith Freehills Kramer LLP

Inside Safety Podcast Series - Episode 3, Part 1 - Director's Duties

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

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Related Country Guides

Enforcement of Foreign Judgments

International Arbitration

Disclosure & Electronic Discovery & Privilege

Adjudicator Discretion and Legal Error: Builtcom Constructions v VSD

Whilst not fatal to a determination, it is wrong as a matter of law to strictly apply the Cardno test.

Australia Litigation

PA

Piper Alderman

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

The obligation on parties to provide full and frank disclosure continues throughout the proceedings until the dispute has been resolved.

Australia Litigation

B

Barry Nilsson

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

How the privilege against self-incrimination is applied in coronial inquests across Australia.

Australia Litigation

B

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

Understanding legal professional privilege for plaintiffs in NSW

Australia Litigation

CO

Carroll & O'Dea

Protecting Confidentiality in Mediation: The Gazal v Setiawan and Topaloglu Case Study

Australia Litigation

HW

Holman Webb Lawyers

Documents produced for court: not to be used for other purposes

Australia Litigation

HL

HHG Legal Group

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Arbitration & Dispute Resolution

Full Court Press: Preliminary Discovery And Arbitration Agreements In A Basketball Showdown

In most jurisdictions in Australia, a prospective plaintiff can obtain preliminary discovery orders from a Court to ascertain whether it has a right to obtain relief from a prospective defendant, before it commences any substantive proceeding

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Contingent loss and limitation periods: High Court clarification in solicitors' negligence claims

It also reiterates the need for a plaintiff to lead evidence to discharge its onus of proof to establish the existence of an alleged loss.

Australia Litigation

GC

Gilchrist Connell

When Does Time Start? The High Court Clarifies The Operation Of Limitation Periods To Actions In Negligence For Economic Loss

The Court has provided clarity on when a cause of action in negligence accrues for claims of pure economic loss.

Australia Litigation

K

Kennedys

Washed Away - Negligence Or Nuisance?

Australia Litigation

B

Barry Nilsson

AI in arbitration: A new frontier?

Australia Litigation

CC

Corrs Chambers Westgarth

The rise of data centre arbitration

Australia Litigation

CC

Corrs Chambers Westgarth

Australia's growing reputation as a pro-enforcement jurisdiction

Australia Litigation

CC

Corrs Chambers Westgarth

Mining in space: the role of arbitration in the new frontier

Australia Litigation

CC

Corrs Chambers Westgarth

Arbitration and M&A disputes: a global trend Australia cannot ignore

Australia Litigation

CC

Corrs Chambers Westgarth

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Court Procedure

Full Court Press: Preliminary Discovery And Arbitration Agreements In A Basketball Showdown

In most jurisdictions in Australia, a prospective plaintiff can obtain preliminary discovery orders from a Court to ascertain whether it has a right to obtain relief from a prospective defendant, before it commences any substantive proceeding

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

At What Cost: Federal Court Affirms Approval Rules For Solicitor Costs Agreement

Federal Court approved a costs agreement with solicitors extending over three months, and a confidentiality order over the agreement.

Australia Litigation

CC

Corrs Chambers Westgarth

Navigating The Increase In Historical Abuse Litigation: Emerging Challenges For Courts And Practitioners

The Limitation Act provides entitlement to sue for damages for historic acts if a person can prove they suffered serious physical abuse as a child.

Australia Litigation

GC

Gilchrist Connell

Causation, Counterfactuals And Proof: High Court Reaffirms The Importance Of Establishing Compensable Loss In Solicitors Negligence Claims

Australia Litigation

B

Barry Nilsson

Think Before You Consent

Australia Litigation

B

Barry Nilsson

Contingent loss and limitation periods: High Court clarification in solicitors' negligence claims

Australia Litigation

GC

Gilchrist Connell

When Does Time Start? The High Court Clarifies The Operation Of Limitation Periods To Actions In Negligence For Economic Loss

Australia Litigation

K

Kennedys

Washed Away - Negligence Or Nuisance?

Australia Litigation

B

Barry Nilsson

Duty Of Disclosure: Prosecution Disclosure Obligations And Guidelines

Australia Litigation

CD

Criminal Defence Lawyers Australia

See more

Sovereign Immunity: Public Sector Government

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

Commonwealth's status as a "body politic" will not preclude it from recovering damages on a patent owner's undertaking.

Australia Litigation

SF

Spruson & Ferguson

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

Foreign state immunity extends to a state-owned national airline subject to winding-up proceedings.

Australia Litigation

CC

Corrs Chambers Westgarth

Waiver of sovereign immunity from the jurisdiction of the Australian Courts

Foreign state immunity from Australian court proceedings was at the centre of both these recent cases.

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

A Ray Of Sunshine For Solar Energy Investors: High Court Of Australia Rejects Spain's Sovereign Immunity Plea Against Recognition And Enforcement Of ICSID Arbitral Award

Worldwide Litigation

SJ

Steptoe LLP

A guide to legal costs for medical negligence and public liability claims.

Australia Litigation

P

Polaris Lawyers

International Arbitration Comparative Guide

Australia Litigation

HS

Herbert Smith Freehills

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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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