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
Frustration Of Contract Explained: Can You Legally Walk Away?
Frustration of contract is widely misunderstood in Australian law, with many assuming contracts automatically end when circumstances become difficult or expensive. This guide examines the strict legal test applied by Australian courts, explaining when supervening events truly discharge contractual obligations and why financial hardship, increased costs, and commercial difficulties typically fall short of the frustration threshold.
Australia Commercial
SL
Stonegate Legal
Article
Bendel – The High Court Has Spoken, But Is This The Final Word On Taxation On Unpaid Present Entitlements?
The High Court of Australia has delivered its landmark judgment on whether unpaid present entitlements from a trust to a corporate beneficiary constitute a loan under Division 7A of the Income Tax Assessment Act 1936. This decision resolves a critical question that has significant implications for how trusts structure distributions to corporate beneficiaries and whether such arrangements trigger deemed dividend treatment under Australia's tax integrity provisions.
Australia Tax
PA
Piper Alderman
Article
Your Debt Recovery Questions Answered
Businesses often struggle with overdue payments, but the new financial year presents an opportunity to strengthen debt recovery practices. Roland Müller, an accredited specialist in commercial litigation, addresses critical questions about preventing bad debts and recovering outstanding payments effectively. From identifying early warning signs of financial distress to understanding when legal action becomes necessary, these insights help businesses protect their cashflow and maintain healthy commercia
Australia Litigation
P
PCL Lawyers
Article
How To Stop A Mortgagee Sale In Queensland
Receiving a notice of exercise of power of sale marks a critical juncture in mortgage enforcement proceedings, raising urgent questions about whether the property sale can be prevented or delayed. This article examines the legal framework governing mortgagee sales in Queensland, the procedural requirements lenders must satisfy, and the practical remedies available to borrowers facing imminent property disposal through power of sale.
Australia Real Estate
SL
Stonegate Legal
Video
How To Stop Repossession Of Your Home In Queensland (Video)
Banks cannot automatically seize and sell a home after missed repayments in Queensland. Before exercising enforcement rights, lenders must comply with contractual obligations, statutory notice requirements, and court procedures, while borrowers may negotiate repayment arrangements, apply for hardship relief, refinance, voluntarily sell the property, challenge procedural defects, or rely on equitable or statutory protections.
Australia Real Estate
SL
Stonegate Legal
Article
Insurer’s Denial Upheld: Non-Disclosure Of Material Risk Changes Reduces Liability To Nil
The Supreme Court of New South Wales has ruled that insurers can deny indemnity and reduce liability to nil when an insured fails to disclose material changes in risk. This case examines how a pharmaceutical manufacturer's undisclosed pivot to hand sanitiser production during COVID-19, involving a fifteenfold increase in ethanol storage, led to a complete denial of coverage following a devastating fire.
Australia Insurance
GC
Gilchrist Connell
Video
Verbal Contract Enforcement In Queensland (Video)
Verbal contracts are generally legally enforceable in Queensland when essential elements like offer, acceptance, and consideration are present. The primary challenge lies not in legal validity but in proving the agreement's existence through evidence such as witness testimony, communications, and conduct. This article examines when oral agreements can be enforced, how courts assess their validity, and the common pitfalls that can undermine verbal contract claims.
Australia Commercial
SL
Stonegate Legal
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