Australia: Court Procedure

Welcome to our litigation know-how update, where you will find the latest developments on commercial litigation topics from HSF Kramer’s Australian practice.

The High Court has unanimously ruled that India's ratification of the New York Convention does not constitute a waiver of foreign State immunity in Australian courts. This landmark decision clarifies the boundaries of Australia's enforcement regime for international arbitration awards and establishes that award creditors must identify alternative grounds for jurisdiction when seeking recognition and enforcement against sovereign States.

Commercial litigation in Australia is becoming increasingly front-loaded, with courts placing greater emphasis on early evidence preservation, tighter pleadings and faster case management. Businesses delaying preparation can find themselves at a strategic disadvantage before proceedings have properly begun.

A little-known rule in NSW sentencing law is quietly shaping outcomes in criminal cases—and in some situations, it can dramatically reduce the amount of time a person spends in prison.

Under the Bankruptcy Act 1966 (Cth), the timeframe within which a creditor may present a petition is strict and unforgiving. Section 44(1)(c) requires presentation within six months of the relevant Act of Bankruptcy, and unlike most procedural deadlines, this one cannot be extended by the Court once it has expired.

While most criminal matters proceed through the traditional court system, there are instances where charges can be resolved without the need for court proceedings.

This article explores what default judgment is, how it works in NSW, and what you can do if you find yourself facing one.

"All reasonable steps" is assessed based on plaintiff's ACTUAL circumstances - financial capacity, education, health issues, legal sophistication, prior experiences with legal system.

A NSW Supreme Court decision confirms that a well-drafted ATE policy can provide adequate security for costs.