Australia: Arbitration & Dispute Resolution

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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
Commercial Litigation Update - September 2026
Recent Australian commercial litigation developments explore critical questions around fiduciary duties, trust property tracing, and Barnes v Addy liability. The New South Wales Court of Appeal examines whether sale proceeds from shares obtained through breach of fiduciary duty constitute trust property, and whether government bodies can be held liable for knowing receipt of such proceeds.
Australia Litigation
KL
Herbert Smith Freehills Kramer LLP
Video
Navigating Australia's Toughening Tax Controversy Landscape (Video)
Explore Jones Day's comprehensive video series on navigating complex tax controversies across multiple jurisdictions, featuring expert insights on IRS strategies, economic substance doctrine, and the evolving global tax dispute landscape. Discover practical guidance on managing multijurisdictional tax challenges in Australia, Europe, and beyond, alongside specialized content on cross-border trade secrets and private credit infrastructure funding.
Australia Tax
JD
Jones Day
Article
Assaulted While Driving: Can I Be Compensated By The MVA Insurer?
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.
Australia Litigation
CO
Carroll & O'Dea
Article
AFCA’S New Approach To General Insurance Claims Handling: GICOP Compliance May Not Be Enough
The Australian Financial Complaints Authority has published new guidance clarifying how insurers must handle claims, including strict timeframes and expanded compensation rules. Insurers now face potential liability beyond policy limits for unreasonable delays, and may be required to compensate claimants for non-financial losses. With storm season approaching and complaint volumes rising, these changes create significant operational and financial pressure on the insurance industry.
Australia Insurance
GC
Gilchrist Connell
Article
When Is Entry Into A Lot With­out The Lot Own­er’s Con­sent Per­mit­ted To Car­ry Out Repair Work To Com­mon Prop­er­ty? When There Is An Emergency
A New South Wales Civil and Administrative Tribunal case examines when an owners corporation can lawfully enter a lot without owner consent to repair common property under emergency provisions. The dispute centered on whether ongoing water leakage constituted an emergency justifying entry, and what damages flow from such access.
Australia Real Estate
S
Swaab
Article
Counterclaims In Queensland Civil Proceedings: Complete Guide
When a defendant in Queensland civil litigation wishes to pursue its own claim against the plaintiff, a counterclaim provides the procedural mechanism to do so within the existing proceeding. Understanding the technical requirements for pleading, serving, and answering counterclaims—including joinder of additional parties, limitation periods, and the effect of discontinuance—is essential for both claimants and respondents navigating commercial disputes.
Australia Litigation
SL
Stonegate Legal
Article
Key NSW Security Of Payment Decisions: Monthly Roundup For August 2026
This monthly roundup examines five significant NSW Supreme Court and Court of Appeal decisions from August 2026 that clarify critical aspects of the Building and Construction Industry Security of Payment Act 1999, including payment claim validity, procedural fairness in adjudications, and enforcement of judgment debts. The cases address contentious issues such as the 12-month limitation period for payment claims, the relevance of unpaid judgment debts in security for costs applications, and the scope of sec
Australia Real Estate
HR
Holding Redlich
Article
Oppose A Summary Judgment Application: Step-by-Step Guide
Receiving a summary judgment application can be daunting for defendants, with potential consequences ranging from enforcement warrants to bankruptcy proceedings. But does such an application mean the case is already lost? Understanding the legal requirements under Queensland's Uniform Civil Procedure Rules and knowing what evidence can demonstrate a real prospect of successfully defending a claim may make the difference between judgment and proceeding to trial.
Australia Litigation
SL
Stonegate Legal
Article
Cushioning The Impact Of The Security Of Payment Act For Residential Owners
Recent NSW court decisions are establishing new protections for residential owner-occupiers under the Security of Payment Act, with judges granting stays on enforcement where contractors pose insolvency risks. These rulings recognize that residential owners face fundamentally different risks than commercial parties, cushioning the impact of legislation originally designed for business-to-business construction disputes.
Australia Real Estate
HR
Holding Redlich
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