Australia: Court Procedure

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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.

Duty Of Disclosure: Prosecution Disclosure Obligations And Guidelines

The prosecution role is a public duty to be efficiently performed with an ingrained sense of dignity.

Australia Litigation

CD

Criminal Defence Lawyers Australia

Punters beware: Possible law reform no basis for adjournment

Courts will not delay hearings based on the speculative prospect of future legislative changes.

Australia Litigation

GC

Gilchrist Connell

How can government lawyers claim legal professional privilege in relation to a FOI request? Lessons from Burford v TEQSA

Explain how courts and tribunals apply the dominant purpose test to determine whether LPP applies in relation to LPP claims by government lawyers in relation to FOI requests.

Australia Litigation

HR

Holding Redlich

Damages in commercial litigation in Qld

In Qld, Rule 155 requires damages to be clearly pleaded or risk strike-out and costs. Rule comprehensively explained here.

Australia Litigation

SL

Stonegate Legal

Vexatious Litigant under the Vexatious Proceedings Act 2005

Australia Litigation

SL

Stonegate Legal

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

Mareva Injunction (Freezing Order) – How Freezing Orders Work in Australian Law

Australia Litigation

U

Unified Lawyers

The importance of reality testing valuation reports in Family Law

Australia Litigation

B

Barry Nilsson

What are the steps to resolving disputes? Mechanisms to resolving Disputes.

Australia Litigation

P

PCL Lawyers

The Harman Principle : An Overview

Australia Litigation

U

Unified Lawyers

The Inquest Series: Non-publication orders in the Coroners Court

Australia Litigation

B

Barry Nilsson

Freezing orders – How to prevent a debtor from dodging their responsibility

Australia Litigation

CO

Carroll & O'Dea

Soft closure, big decision: High Court grants class closure orders in Lendlease Class Action

Australia Litigation

B

Barry Nilsson

Immigration And Australian Federal Election Campaign Promises

Australia Immigration

IL

Interstaff Immigration Agency

Introducing Cathro Clarity: Unlocking Australia's Insolvency Data

Australia Insolvency

CP

Cathro & Partners

Can Artificial Intelligence Improve Planning And Environmental Decision Making?

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

Funds Update - 26 September 2025

Australia Finance

KL

Herbert Smith Freehills Kramer LLP

Buy Or Rent? Why The Australian Dream Might Be Due For A Makeover

Australia Real Estate

FC

FTI Consulting

Tips and traps for obtaining and relying on expert evidence

Two recent decisions in the health law space have re-emphasised the need for good expert evidence when litigating claims.

Australia Litigation

GC

Gilchrist Connell

Insights into Arbitration and Litigation Funding with Matt Lee, LFM Disputes

This article shares how litigation funders assess cases, manage risks, and decide whether a claim is worth backing.

Australia Litigation

CP

Cathro & Partners

The Inquest Series: The ‘right to silence' in Coronial Inquests

How the privilege against self-incrimination is applied in coronial inquests across Australia.

Australia Litigation

B

Barry Nilsson

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

B

Barry Nilsson

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

Australia Litigation

B

Barry Nilsson

Without prejudice save as to costs

Australia Litigation

U

Unified Lawyers

Chief Justice's Rare NSW Bail Statement Shines Light on Remand Crisis

Australia Litigation

OC

O'Brien Criminal & Civil Solicitors

Case Summary: HMB24 v Operator, National Redress Scheme for Institutional Child Sexual Abuse [2025] FCA 278

Australia Law Practice

CO

Carroll & O'Dea

Can you serve a statutory demand by email in Australia?

Australia Litigation

SL

Stonegate Legal

Tribunal rejects applicant's self-proclaimed "expertise"

Australia Litigation

E

ExpertsDirect

What Is a Vexatious Litigant?

Australia Litigation

U

Unified Lawyers

Expert affiliation does not necessarily affect impartiality

Australia Litigation

E

ExpertsDirect

Australian Courts Grapple With Generative AI In Court Proceedings

Australia Litigation

MO

Mills Oakley

Do pre-action protocols promote justice and efficiency? Satellite litigation flowing from pre-action protocols

Australia Litigation

GC

Gilchrist Connell

What Is a Vexatious Litigant?

Vexatious litigant meaning revolves around individuals who habitually misuse legal processes to achieve improper purposes.

Australia Litigation

U

Unified Lawyers

Expert affiliation does not necessarily affect impartiality

An expert's current or past employment relationship with one of the parties does not, on its own, mean their evidence is automatically biased or will be inadmissible.

Australia Litigation

E

ExpertsDirect

Australian Courts Grapple With Generative AI In Court Proceedings

Generative Artificial Intelligence (Gen AI) can be an amazing tool and resource – but caution must be exercised when using it in a legal context.

Australia Litigation

MO

Mills Oakley

Do pre-action protocols promote justice and efficiency? Satellite litigation flowing from pre-action protocols

Guidance in respect of the operation of the pre-trial procedures provided for in Chapter 5 of the ACT's Civil Law (Wrongs) Act 2002 (CLA).

Australia Litigation

GC

Gilchrist Connell

Undefended Hearing in the Family Court

Australia Litigation

U

Unified Lawyers

Overriding purpose – still the most significant discovery in NSW

Overriding purpose – still the most significant discovery in NSW

Australia Litigation

K

Kennedys

Disciplinary process labelled a ‘sham and disgrace' results in significant damages awarded

Importance of having and following fair procedures and the potential for claims, such as psychiatric injury, when not followed.

Australia Litigation

JH

Jewell Hancock

Retaining embryos beyond legislated 5-year period: Bopping v Monash IVF Pty Ltd

Difficulties in invoking a court's inherent jurisdiction, where there is a statutory regime providing a comprehensive dispute resolution pathway.

Australia Litigation

CO

Carroll & O'Dea

Mediation vs Litigation

What each process entails, their advantages and disadvantages, and how to decide which approach might be best for you..

Australia Litigation

U

Unified Lawyers

Regulatory investigations and legal professional privilege: key take aways from ASIC v Macleod

Australia Litigation

CG

Cooper Grace Ward

Understanding A Contempt Of Court Application in Family Court

Australia Litigation

JF

Justice Family Lawyers

Evidence of conversations – the use of speech in affidavits

Australia Law Practice

K

Kennedys

Case Summary: Stanford Barton (A Pseudonym) V The State Of New South Wales [2025] VSC 57

Australia Litigation

CO

Carroll & O'Dea

Non-Party Costs: Can a costs order be made against a party not named in Court proceedings?

Australia Litigation

BR

Broadley Rees Hogan Lawyers

May an expert correct his determination in a subsequent report? The $9,832,383 question.

Australia Litigation

E

ExpertsDirect

Why one expert is preferred over another, despite similar qualifications

Australia Litigation

E

ExpertsDirect

Advocate and expert in the same matter, even if there is a hiatus? That's a red flag

Australia Litigation

E

ExpertsDirect

Will a non-binding expert determination frustrate the parties' contract?

Australia Litigation

E

ExpertsDirect

Court preferred objective evidence when confronted with conflicting expert evidence

Australia Litigation

E

ExpertsDirect

Why Do Judges Wear Wigs: Court Fashion or Not?

Australia Litigation

JS

JB Solicitors

Using Gen AI in legal proceedings - Ethics Check for Lawyers series

Australia Litigation

BP

Bartier Perry

Injunctions in Queensland – Complete Guide

Australia Litigation

SL

Stonegate Legal

Court upholds service at an unattended office

Australia Litigation

CC

Corrs Chambers Westgarth

The Impact of Wild v Meduri NSWCA 230 on Affidavit Practices in NSW

Australia Litigation

OC

O'Brien Criminal & Civil Solicitors

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Latest Videos

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It Depends – The different types of Court hearings

CG

Cooper Grace Ward

I do not agree with the judges decision – Can I appeal?

CG

Cooper Grace Ward

Full Disclosure, Vol. 6: Surviving the suing process

MO

Mellor Olsson Lawyers

Concurrent Evidence Practices Survey

K

KordaMentha

Legal Lockdown - Episode 8: Virtual courts

HW

Holman Webb Lawyers

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