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Case Review (MAIA): Lundbergs V Fu
his case reinforces strict limitations on "nervous shock" claims and demonstrates judicial scepticism toward psychiatric injury claims.
Roche Legal
Australia: Litigation, Mediation & Arbitration
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
High Court appeal (submissions): AA v the Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle ABN 79469343054 – case S94/2025
Analysis of recent Duty of Care case.
Carroll & O'Dea
Article
Claimant convicted of negligent driving causing death denied statutory benefits
Recent decision suggests that statutory benefits may be denied only after a charge is laid, not from the accident date.
McCabes
Article
ATE insurance as security for costs – NSW Supreme Court accepts anti-avoidance endorsement
A NSW Supreme Court decision confirms that a well-drafted ATE policy can provide adequate security for costs.
Gilchrist Connell
Article
"I comforted him and then I watched him die." Was the driver to blame for the police officer's PTSD? Which case won?
Stacks Law Firm
Article
Landmark $2.4m silicosis award for tunnel worker
Stacks Law Firm
Article
Sued by a party with little or no money? Seeking security for your legal costs
Bennett & Philp Lawyers
Article
Case Review (MAIA): Murphy V Madill
Roche Legal
Article
English High Court Rules Assignees Cannot Enforce ICSID Awards, Departing From Australian And US Decisions
Corrs Chambers Westgarth
Article
Irani V Insurance Australia Limited T/as NRMA Insurance [2025] NSWPICMP 832 – Pet Care And Statutory Benefits, Review Panel Confirms Dog-related Expenses Are Not "Treatment And Care"
Carroll & O'Dea
Article
Look Up From Your Phone! Pedestrian's Contributory Negligence Measured At 100%
McCabes
Article
Giving evidence from overseas via audio-visual link
Bartier Perry
Article
Appealing to reason – $1.9m reduction in damages by SA Court of Appeal
Barry Nilsson
Article
Disputing The Dispute Resolution Clause: When An Arbitration Clause May Be Unfair
Piper Alderman
Article
Employment Relations Podcast #46 – Safety In The Workplace: Drug And Alcohol Testing And Policies
Piper Alderman
Article
Criminal record checks at work: relevance, spent convictions and privacy risks for employers
Pointon Partners
Article
ESSENTIAL ESG SPECIAL EDITION - Responsible AI Governance: Emerging Legal Risks And Regulatory Trends
Corrs Chambers Westgarth
Article
Funds Update - 9 January 2026
Herbert Smith Freehills Kramer LLP
Article
It Depends – What's up with trusts?
Cooper Grace Ward
Related Country Guides
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Right To Information: The Limit Does Exist
Case clarifies the limits of RTI access when tribunal orders and court procedures apply, providing important guidance for agencies, applicants and legal practitioners.
Holding Redlich
Article
Adjudicator Discretion and Legal Error: Builtcom Constructions v VSD
Whilst not fatal to a determination, it is wrong as a matter of law to strictly apply the Cardno test.
Piper Alderman
Article
Relevance, efficiency, and proportionality – the ambit of the duty to disclose
The obligation on parties to provide full and frank disclosure continues throughout the proceedings until the dispute has been resolved.
Barry Nilsson
Article
The Inquest Series: The ‘right to silence' in Coronial Inquests
Barry Nilsson
Article
Australian Courts Grapple With Generative AI In Court Proceedings
Mills Oakley
Article
Medibank Class Action: Navigating The Legal Privilege Maze
A&O Shearman
Article
Overriding purpose – still the most significant discovery in NSW
Kennedys
Article
Understanding legal professional privilege for plaintiffs in NSW
Carroll & O'Dea
Article
Protecting Confidentiality in Mediation: The Gazal v Setiawan and Topaloglu Case Study
Holman Webb Lawyers
Article
English High Court Rules Assignees Cannot Enforce ICSID Awards, Departing From Australian And US Decisions
The divergent outcomes in Australia and the United States on the one hand, and England on the other, reinforce that award creditors and assignees need to evaluate enforcement strategies in respect of ICSID awards carefully.
Corrs Chambers Westgarth
Article
Disputing The Dispute Resolution Clause: When An Arbitration Clause May Be Unfair
An explanation of the effect of the dispute resolution clause might have gone a considerable way in addressing whether the clause was unfair.
Piper Alderman
Article
Warning! Arbitration Ahead
The perceived use of arbitration to frustrate (particularly) consumer and employment claims has been controversial in Canada and the US.
Holding Redlich
Article
Estates Court Processes To Improve
Kalus Kenny Intelex
Article
Damages Down, Costs Up: The Impact Of Prior Settlements And Rejected Offers
Barry Nilsson
Article
Claim farming banned in South Australia – legislation update
Gilchrist Connell
Article
Right To Information: The Limit Does Exist
Holding Redlich
Article
The rise of ‘unmeritorious' workplace claims in the age of AI
Swaab
Article
Full Court Press: Preliminary Discovery And Arbitration Agreements In A Basketball Showdown
Herbert Smith Freehills Kramer LLP
Article
ATE insurance as security for costs – NSW Supreme Court accepts anti-avoidance endorsement
A NSW Supreme Court decision confirms that a well-drafted ATE policy can provide adequate security for costs.
Gilchrist Connell
Article
Sued by a party with little or no money? Seeking security for your legal costs
To avoid being drawn into costly proceedings and then being unable to recover costs, a defendant may apply for a Security for Costs order.
Bennett & Philp Lawyers
Article
Giving evidence from overseas via audio-visual link
Outlines the current position in NSW & the Commonwealth courts & highlights key considerations for practitioners planning to call a witness remotely from abroad.
Bartier Perry
Article
Striking Out Pleadings And Particulars In Queensland
Stonegate Legal
Article
A Caution For Medical Experts
Kennedys
Article
One Common Law, One Standard: Significant Damages Award In Historic Queensland Abuse Case
Barry Nilsson
Article
Damages Down, Costs Up: The Impact Of Prior Settlements And Rejected Offers
Barry Nilsson
Article
Right To Information: The Limit Does Exist
Holding Redlich
Article
Full Court Press: Preliminary Discovery And Arbitration Agreements In A Basketball Showdown
Herbert Smith Freehills Kramer LLP
Article
High Court clarifies the tort of private nuisance as it applies to statutory authorities
Public authorities may be liable in private nuisance for construction impacts unless they can prove the interference was reasonable or inevitable.
Barry Nilsson
Article
Australia | Five key lessons from the High Court's decision in the Commonwealth damages case
Commonwealth's status as a "body politic" will not preclude it from recovering damages on a patent owner's undertaking.
Spruson & Ferguson
Article
High Court says keep calm and don't get wound up (if you have foreign immunity)
Foreign state immunity extends to a state-owned national airline subject to winding-up proceedings.
Corrs Chambers Westgarth
Article
Waiver of sovereign immunity from the jurisdiction of the Australian Courts
Holding Redlich
Article
Federal Court finds India waived foreign state immunity in proceedings to recognise and enforce US$111 million award
Corrs Chambers Westgarth
Article
Cross Post: Federal Court Of Australia Affirms Jurisdiction To Enforce Arbitral Awards Against Foreign States Party To The New York Convention
Herbert Smith Freehills Kramer LLP
Article
Federal Court Of Australia Affirms Jurisdiction To Enforce Arbitral Awards Against Foreign States Party To The New York Convention
Herbert Smith Freehills Kramer LLP
Article
A Ray Of Sunshine For Solar Energy Investors: High Court Of Australia Rejects Spain's Sovereign Immunity Plea Against Recognition And Enforcement Of ICSID Arbitral Award
Steptoe LLP
Article
A guide to legal costs for medical negligence and public liability claims.
Polaris Lawyers
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Debt collection lawyer or debt collection agency?
Stonegate Legal
Finding out who is behind a negative Google review
Madgwicks
It Depends – The different types of Court hearings
Cooper Grace Ward
Double dipping: making claims for Total and Permanent Disability (TPD)
Roche Legal
Class Actions Fireside Podcast Series: EP17: Bracing For A Year Of Change
Herbert Smith Freehills Kramer LLP