Australia: Litigation, Mediation & Arbitration

The High Court has unanimously ruled that a wife's secret recording of her husband admitting to rape was lawfully obtained and admissible as evidence. This landmark decision significantly expands when covert recordings can be used in domestic violence and sexual assault prosecutions, potentially transforming how such cases are prosecuted across Australia.

When police contact you about a criminal investigation, understanding your rights and obligations becomes critical to protecting your legal position. This comprehensive guide examines what happens during police investigations, whether you should participate in interviews, and how early legal advice can significantly impact the outcome of your case.

Under Queensland's Uniform Civil Procedure Rules, parties to civil litigation face automatic and continuing obligations to disclose all documents in their possession or control that are directly relevant to disputed allegations. This comprehensive guide examines the scope of disclosure duties, the meaning of key concepts like possession, control and direct relevance, and how courts exercise their powers to manage the disclosure process in modern litigation involving both traditional and electronic evidence.

The Supreme Court of New South Wales has ruled that a default interest rate of 3% per month, compounded monthly, constitutes an unenforceable penalty despite valid loan documentation. This landmark decision challenges traditional lending structures where borrowers receive discounted rates that revert to higher rates upon default, requiring lenders to demonstrate legitimate commercial justification for increased default interest rates.

The Federal Court's decision in Gillham v Melbourne Symphony Orchestra examines whether state anti-discrimination laws constitute 'workplace laws' under the Fair Work Act, and whether expressing political opinions during a performance can trigger general protections. This case explores the boundaries of contractor protections and the interplay between federal workplace legislation and state-based discrimination laws.

This monthly roundup examines three significant NSW court decisions from July 2026 that demonstrate how courts are increasingly scrutinizing the enforcement of Security of Payment Act judgments, particularly when builders face financial difficulties or disputes involve residential construction. The cases reveal evolving judicial approaches to freezing orders, stays of enforcement, and the strict compliance requirements that can make or break a SOP Act claim.

This monthly roundup examines three significant NSW court decisions from July 2026 that demonstrate how courts are increasingly scrutinizing the enforcement of Security of Payment Act judgments, particularly when builders face financial difficulties or disputes involve residential construction. The cases reveal evolving judicial approaches to freezing orders, stays of enforcement, and the strict compliance requirements that can make or break a SOP Act claim.

The Queensland Court of Appeal examines whether a solicitor's equitable lien attaches to costs orders at the time they are made, determining priority rights over monies recovered through receivership proceedings. The decision clarifies the scope and enforcement of solicitors' liens in insolvency contexts.

Psychometric testing has become an increasingly common component of personal injury claims involving psychological injuries. This standardized assessment method uses structured questions...

Recent Australian Public Service census data reveals a growing trend in flexible work arrangements, supported by new enterprise agreement provisions. Two landmark Fair Work Commission decisions in Naden and Westpac now provide critical guidance on how employers must handle flexible work requests, highlighting the mandatory requirements and potential consequences of non-compliance that could result in orders granting employee requests even when business grounds exist for refusal.

The High Court of Australia held that India had not waived sovereign immunity in respect of enforcement proceedings by ratifying the New York Convention...

The case provides clear confirmation of the principles applied in determining whether a duty of care exists and establishing negligence.