Australia: Civil Law

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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.

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

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

Ogbonna 8 is a reminder that costs decisions are not always a simple "winner takes all" outcome.

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

This article sets of the considerations Defendants should weigh up in an early serious harm hearing.

Australia Litigation

K

Kennedys

Getting costs in Fair Work Act proceedings requires careful planning

Australia Litigation

HR

Holding Redlich

Star Casino rolls the dice on a $4M cladding claim and wins one out of three

Australia Litigation

BN

Barry Nilsson

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

Australia Litigation

RL

Roche Legal

Commercial Litigation Lawyers Sydney

Australia Litigation

JS

JB Solicitors

Warning! Arbitration Ahead

Australia Litigation

HR

Holding Redlich

Case Note: Grech V Dakota Homes Pty Ltd (Building And Property) [2025] VCAT 944

Australia Litigation

P

PCL Lawyers

Pleadings and particulars in Queensland – Complete Guide

Australia Litigation

SL

Stonegate Legal

One Common Law, One Standard: Significant Damages Award In Historic Queensland Abuse Case

Australia Litigation

BN

Barry Nilsson

Claim farming banned in South Australia – legislation update

Australia Litigation

GC

Gilchrist Connell

Right To Information: The Limit Does Exist

Australia Litigation

HR

Holding Redlich

NSW Long Service Leave: Key Takeaways From The Updated Guidance

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Refinancings And High Energy Costs Set To Drive Australian Restructurings In The Year Ahead (Podcast)

Australia Insolvency

AO

A&O Shearman

Cross Examining Cyber EP23: Cross Examining Professor Ciaran Martin – Part 2 (Podcast)

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

Inside IR Podcast Series - Episode 30 Psychosocial Health In Times Of Workplace Change (Video)

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

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

Australia Employment

S

Swaab

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

Promissory Estoppel: "One day all this will be yours..." - Which case won?

Claimant starts legal action alleging broken promise to leave him the farm - he wins - daughter appeals to the HC. Who wins?

Australia Commercial

S

Stacks Law Firm

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

What can I do if an NDIS participant has damaged an SIL house?

SIL providers under the NDIS can be liable for tenant-caused property damage & should manage risks.

Australia Employment

L

LegalVision

Washed Away - Negligence Or Nuisance?

Australia Litigation

BN

Barry Nilsson

Beyond The School Gates: When Is A School Liable In Negligence For Bullying & Student Assault?

Australia Litigation

CO

Carroll & O'Dea

Filmalter v Swenson: the Queensland approach to the peer professional opinion defence

Australia Litigation

CO

Carroll & O'Dea

Adjudicator Discretion and Legal Error: Builtcom Constructions v VSD

Australia Litigation

PA

Piper Alderman

Navigating the complexities of self-represented litigants in South Australia

Australia Litigation

GC

Gilchrist Connell

Latest developments: Hannah Thomas arrest probe escalates

Australia Criminal

OC

O'Brien Criminal & Civil Solicitors

Couple Imprisoned For Contempt After Breaching Supreme Court Order

Australia Litigation

SC

Sydney Criminal Lawyers

Tribunal wrestles with "extraordinary" difference in expert views

Australia Litigation

E

ExpertsDirect

The Inquest Series: Giving evidence at a Coronial Inquest – trips and traps

Australia Litigation

BN

Barry Nilsson

Widely accepted practice in medicine allows for more than one solution to a health issue

Australia Litigation

BN

Barry Nilsson

Couple Imprisoned For Contempt After Breaching Supreme Court Order

Recent defamation and contempt of court case discussed.

Australia Litigation

SC

Sydney Criminal Lawyers

Tribunal wrestles with "extraordinary" difference in expert views

Key takeaways from recent case where experts held different views.

Australia Litigation

E

ExpertsDirect

The Inquest Series: Giving evidence at a Coronial Inquest – trips and traps

Complexities medical professionals face when giving evidence at a coronial inquest.

Australia Litigation

BN

Barry Nilsson

Widely accepted practice in medicine allows for more than one solution to a health issue

The court emphasised the importance of the neutrality of retained experts.

Australia Litigation

BN

Barry Nilsson

Without prejudice save as to costs

Australia Litigation

U

Unified Lawyers

What is a Creditor's Statutory Demand?

Discusses the powerful legal tool that allows creditors to demand payment of a debt from a company formally.

Australia Commercial

SL

Stonegate Legal

Top five tips for court cross-examination in family law disputes

Top five tips to compellingly present your evidence while in the witness box.

Australia Litigation

CG

Cooper Grace Ward

When the system fails: legal and policy implications of the Monash IVF embryo mix-up

The enormous responsibility borne by fertility clinics and the potentially devastating consequences when protocols fail.

Australia Litigation

CO

Carroll & O'Dea

Oppressive conduct claims in the Supreme Court of Victoria: A guide for company leaders

Outlines the process of commencing Oppressive Conduct (OC) claims, along with examples of OC & remedies the court may order.

Australia Litigation

HR

Holding Redlich

Court finds school's duty of care extends beyond school gate

Australia Litigation

S

Stacks Law Firm

What are Fiduciary Duties in Australia?

Australia Litigation

SL

Stonegate Legal

"This farm will be yours one day" – High Court Lessons about proprietary estoppel

Australia Family

M

McCabes

Medical expert's opinion valid, even if facts or assumptions relied on do not exactly match those proven at trial

Australia Litigation

E

ExpertsDirect

Court declines to rule out expert evidence at early stage of high-stakes lending case

Australia Litigation

E

ExpertsDirect

Prior written reports no assurance an expert is qualified

Australia Litigation

E

ExpertsDirect

Top Civil Cases of 2024: Key Precedents That Shaped Australian Law

Australia Litigation

OC

O'Brien Criminal & Civil Solicitors

Understanding Constructive and Resulting Trusts: Key Differences and Legal Implications

Australia Litigation

MD

McCarthy Durie Lawyers

Your Guide To Understanding Burden of Proof in Civil Cases

Australia Litigation

JS

JB Solicitors

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

Australia Litigation

SF

Spruson & Ferguson

Expert evidence and privilege in Australian courts – a cross-jurisdictional insight

Australia Litigation

PA

Piper Alderman

NSW Statement of Claim: A Basic Guide

Australia Litigation

JS

JB Solicitors

Being the only expert does not free expert evidence from scrutiny

Australia Litigation

E

ExpertsDirect

The WayForward: the admissibility of ‘WayBack Machine' evidence

Australia Litigation

M

McCabes

Case Summary: RC v The Salvation Army (Western Australia) Property Trust [2024] HCA 43

Australia Litigation

CO

Carroll & O'Dea

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Latest Videos

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Debt collection lawyer or debt collection agency?

SL

Stonegate Legal

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