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
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
NSW Supreme Court Signals Increased Scrutiny Of Default Interest Clauses
The Supreme Court of New South Wales has ruled that a default interest rate of 3% per month, compounded monthly, constitutes an unenforceable penalty despite valid loan documentation. This landmark decision challenges traditional lending structures where borrowers receive discounted rates that revert to higher rates upon default, requiring lenders to demonstrate legitimate commercial justification for increased default interest rates.
Australia Finance
M
McCabes
Article
Gillham Ruling Highlights Importance Of A Clear Policy Regarding Political Messages
The Federal Court's decision in Gillham v Melbourne Symphony Orchestra examines whether state anti-discrimination laws constitute 'workplace laws' under the Fair Work Act, and whether expressing political opinions during a performance can trigger general protections. This case explores the boundaries of contractor protections and the interplay between federal workplace legislation and state-based discrimination laws.
Australia Employment
HR
Holding Redlich
Article
Key NSW Security Of Payment Decisions: Monthly Roundup For July 2026
This monthly roundup examines three significant NSW court decisions from July 2026 that demonstrate how courts are increasingly scrutinizing the enforcement of Security of Payment Act judgments, particularly when builders face financial difficulties or disputes involve residential construction. The cases reveal evolving judicial approaches to freezing orders, stays of enforcement, and the strict compliance requirements that can make or break a SOP Act claim.
Australia Real Estate
HR
Holding Redlich
Article
When “Down Down” Wasn’t Really Down - Federal Court Rules Against Coles
In its judgement delivered on 14 May 2026, the Federal Court has found that Coles engaged in misleading conduct in relation to its long-running “Down Down” promotion, accepting the ACCC’s case that many advertised discounts were not genuine. The Court held that 13 of the 14 sample “Down Down” tickets examined in the hearing conveyed false or misleading price discount representations because the stated “was” price had not applied for a reasonable period before the promotion.
Australia Consumer
BP
Bartier Perry
Article
Australia Court Confirms Proceedings May Be Split Between Court And Arbitration
A New South Wales Court of Appeal decision examines how arbitration agreements operate when only part of a dispute is arbitrable, particularly in complex insolvency contexts. The ruling clarifies when proceedings can be split between court and arbitration, establishes limits on arbitrability in insolvency matters, and sets a high threshold for waiving arbitration rights.
Australia Litigation
KG
K&L Gates LLP
Article
Unconscionable Lending Practices And Guidance For Lenders
We recently examined how fraud can undermine indefeasibility and the resulting risks for lenders. You can read that article here: Indefeasibility of title - legal certainty in an age of rising fraud. This article analyses the High Court of Australia’s decision in Stubbings v Jams 2 Pty Ltd [2022] HCA 6, which remains the leading authority on responsible lending practices, notwithstanding the passage of four years since judgment.
Australia Finance
BP
Bartier Perry
Article
Security of Payments (NSW) 2026: what councils need to know
Recent NSW Court of Appeal decisions have sharpened the rules around security of payment claims under SOPA, particularly regarding electronic service timing and the validity of imperfect claims. Councils and principals now face heightened risks if they rely on deeming clauses to extend response deadlines or assume flawed payment claims can be safely ignored. Understanding these 2025-2026 developments is critical to avoiding automatic liability for the full claimed amount through missed deadlines or procedur
Australia Real Estate
BP
Bartier Perry
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