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.
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
Article
Defamation Pleadings In Queensland
Defamation pleadings in Queensland require precise identification of the publication, the defamatory meaning conveyed, the audience, and the serious reputational harm alleged. The defence must respond directly to each element and plead substantive answers—such as truth or privilege—with supporting facts. Imprecise pleadings can trigger requests for particulars, amendment applications, or early strike-out motions under the Uniform Civil Procedure Rules and Defamation Act 2005 (Qld).
Australia Litigation
SL
Stonegate Legal
Article
Clawback Risks In Bankruptcy Explained
Bankruptcy trustees can challenge pre-bankruptcy transactions under sections 120, 121, and 122 of the Bankruptcy Act 1966, targeting undervalued transfers, creditor-defeating arrangements, and preferential payments. Understanding the statutory tests, timing rules, and evidentiary requirements is essential for recipients facing clawback demands, as market value alone does not guarantee protection and poor documentation can prove decisive.
Australia Insolvency
SL
Stonegate Legal
Article
Victoria’s New Planning Enforcement Regime: Increased Penalties, Civil Proceedings And Court Powers
Victoria's planning enforcement regime has undergone significant transformation following the 2016 Corkman Irish Pub demolition scandal. The new legislative framework introduces unprecedented powers for courts and authorities, including commercial benefit orders, industry exclusion provisions, and civil penalties with lower burdens of proof. These reforms fundamentally reshape how planning violations are prosecuted and penalized across the state.
Australia Real Estate
HR
Holding Redlich
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
A High­er Evi­den­tiary Bur­den For Work Orders: The Prac­ti­cal Impli­ca­tions Of The Own­ers – Stra­ta Plan No 102171 V Ceerose Pty Ltd [2025] NSW­CATCD 137
A recent NSW Civil and Administrative Tribunal decision establishes that owners corporations seeking work orders for building defects must now provide complete regulated designs as part of their evidence, not merely prove that defects exist. This ruling significantly raises the evidentiary bar and upfront costs for strata schemes pursuing rectification orders under the Home Building Act.
Australia Litigation
S
Swaab
Article
Stra­ta Plan 92183 v Sam­do­ra Pty Ltd [2026] NSWSC 406 'Substantive Control' Over Works & S37 Of The DB&P Act
A recent NSW court case examines when developers and builders can be held liable under section 37 of the Design & Building Practitioner's Act 2020 for defective building work. The decision clarifies what constitutes 'substantive control' over construction work and establishes the evidentiary threshold required to prove breach of the statutory duty of care.
Australia Real Estate
S
Swaab
Video
Admissions Under The Uniform Civil Procedure Rules (Video)
Admissions under the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) are formal or deemed concessions that can significantly affect the outcome of Queensland civil litigation. An admission may arise in pleadings, through a voluntary notice of admission, or by failing to respond to a notice to admit within the required time. Once made, an admission can narrow the issues in dispute, reduce trial costs, strengthen settlement positions, and, in some cases, support judgment without a trial.
Australia Litigation
SL
Stonegate Legal
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