Australia: Litigation, Mediation & Arbitration

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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.

When Online Criticism Becomes Defamation: Lessons from Hall v Aldridge [No. 2]

The key takeaway from this case is that making specific assertions concluding upon the lawfulness of another's actions is fraught.

Australia Litigation

HL

HHG Legal Group

Twist of fate: a painful lesson in liability - Mammoliti v Oriental Massage Burwood Pty Ltd

This case highlights the importance of conducting thorough investigations into a claim and obtaining sufficient evidence, particularly in advance of a trial.

Australia Litigation

B

Barry Nilsson

Contributory negligence: How a worker's secret back injury cost him his case

DC dismissed claim by worker who sustained back injury - his failure to disclose a pre-existing condition & undertake suitable work constituted contributory negligence.

Australia Litigation

B

Barry Nilsson

Disclosure of social media and hiking footage ordered in personal injury claim

Decision illustrates that a party to a personal injury claim will not be excused from fulfilling their disclosure obligations due to any alleged invasion of privacy.

Australia Litigation

B

Barry Nilsson

Child awarded damages after unsecured café table causes serious injury

Australia Litigation

B

Barry Nilsson

Defamation versus expressions of honest opinion: Where the law draws the line

Australia Litigation

B

Barry Nilsson

Rose v Manno Kingsway Pty Ltd (As Trustee For The Manno Kingsway Unit Trust) [2025] NSWCA 23

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Delay in Civil Proceedings in Queensland – Rule 389

Australia Litigation

SL

Stonegate Legal

Four seconds too late | Commission rejects late claim filed seconds after deadline

Australia Litigation

BP

Bartier Perry

Commercial Litigation Lawyers Sydney

Australia Litigation

JS

JB Solicitors

What Is Default Judgment? A Complete Guide to NSW Default Judgments

Australia Litigation

JS

JB Solicitors

Navigating Dual-benefit Scenarios And Section 46 In Workers Comp – Learnings From Freeth v Volvo Group Australia Pty Ltd [2025] NSWPICPD 78

Australia Litigation

HW

Holman Webb Lawyers

Case Review (Med Neg): Ringelstein v Metro North Hospital and Health Service

Australia Litigation

RL

Roche Legal

No Worker, No Case: Important PIC Decision On Jurisdictional Powers – Key Lessons From ASF Australia Pty Ltd v Icare Workers Insurance [2025] NSWPIC 604

Australia Litigation

HW

Holman Webb Lawyers

Cyber Security: A Month In Retrospect And Our Latest Podcast (Australia - January 2026)

Worldwide Technology

KL

Herbert Smith Freehills Kramer LLP

Employment Law Developments: What employers need to know for 2026

Australia Employment

M

McCabes

Michael Byrnes discusses the Westpac WFH case on 2SM with Tim Webster

Australia Employment

S

Swaab

Playing By New Rules: AUSTRAC's Growing Reach In 2026

Australia Criminal

KL

Herbert Smith Freehills Kramer LLP

Podcast: SMSFs With CGW – What Is Happening With Division 296 Tax? (Tax On Large Superannuation Balances)

CG

Cooper Grace Ward

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Related Country Guides

Enforcement of Foreign Judgments

International Arbitration

Disclosure & Electronic Discovery & Privilege

Twist of fate: a painful lesson in liability - Mammoliti v Oriental Massage Burwood Pty Ltd

This case highlights the importance of conducting thorough investigations into a claim and obtaining sufficient evidence, particularly in advance of a trial.

Australia Litigation

B

Barry Nilsson

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.

Australia Litigation

HR

Holding Redlich

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.

Australia Litigation

PA

Piper Alderman

Relevance, efficiency, and proportionality – the ambit of the duty to disclose

Australia Litigation

B

Barry Nilsson

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

Australia Litigation

B

Barry Nilsson

Australian Courts Grapple With Generative AI In Court Proceedings

Australia Litigation

MO

Mills Oakley

Medibank Class Action: Navigating The Legal Privilege Maze

Australia Technology

AO

A&O Shearman

Overriding purpose – still the most significant discovery in NSW

Australia Litigation

K

Kennedys

Understanding legal professional privilege for plaintiffs in NSW

Australia Litigation

CO

Carroll & O'Dea

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Arbitration & Dispute Resolution

Four seconds too late | Commission rejects late claim filed seconds after deadline

Timeframes of Commissions, Tribunals and Courts are not mere niceties that can be complied with at a parties' leisure.

Australia Litigation

BP

Bartier Perry

Commercial Litigation Lawyers Sydney

This article will discuss the importance of a commercial litigation lawyer in Sydney, the types of disputes we handle, and how to choose the right legal representation.

Australia Litigation

JS

JB Solicitors

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.

Australia Litigation

CC

Corrs Chambers Westgarth

Disputing The Dispute Resolution Clause: When An Arbitration Clause May Be Unfair

Australia Litigation

PA

Piper Alderman

Warning! Arbitration Ahead

Australia Litigation

HR

Holding Redlich

Estates Court Processes To Improve

Australia Family

KK

Kalus Kenny Intelex

Damages Down, Costs Up: The Impact Of Prior Settlements And Rejected Offers

Australia Litigation

B

Barry Nilsson

Claim farming banned in South Australia – legislation update

Australia Litigation

GC

Gilchrist Connell

Right To Information: The Limit Does Exist

Australia Litigation

HR

Holding Redlich

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Court Procedure

Twist of fate: a painful lesson in liability - Mammoliti v Oriental Massage Burwood Pty Ltd

This case highlights the importance of conducting thorough investigations into a claim and obtaining sufficient evidence, particularly in advance of a trial.

Australia Litigation

B

Barry Nilsson

Delay in Civil Proceedings in Queensland – Rule 389

This article explains the operation of rule 389 of the UCPR.

Australia Litigation

SL

Stonegate Legal

Four seconds too late | Commission rejects late claim filed seconds after deadline

Timeframes of Commissions, Tribunals and Courts are not mere niceties that can be complied with at a parties' leisure.

Australia Litigation

BP

Bartier Perry

Commercial Litigation Lawyers Sydney

Australia Litigation

JS

JB Solicitors

What Is Default Judgment? A Complete Guide to NSW Default Judgments

Australia Litigation

JS

JB Solicitors

Case Review (Med Neg): Ringelstein v Metro North Hospital and Health Service

Australia Litigation

RL

Roche Legal

ATE insurance as security for costs – NSW Supreme Court accepts anti-avoidance endorsement

Australia Litigation

GC

Gilchrist Connell

Sued by a party with little or no money? Seeking security for your legal costs

Australia Litigation

BP

Bennett & Philp Lawyers

Giving evidence from overseas via audio-visual link

Australia Litigation

BP

Bartier Perry

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Sovereign Immunity: Public Sector Government

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.

Australia Litigation

B

Barry Nilsson

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.

Australia Litigation

SF

Spruson & Ferguson

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.

Australia Litigation

CC

Corrs Chambers Westgarth

Waiver of sovereign immunity from the jurisdiction of the Australian Courts

Australia Litigation

HR

Holding Redlich

Federal Court finds India waived foreign state immunity in proceedings to recognise and enforce US$111 million award

Australia Litigation

CC

Corrs Chambers Westgarth

Cross Post: Federal Court Of Australia Affirms Jurisdiction To Enforce Arbitral Awards Against Foreign States Party To The New York Convention

Worldwide Litigation

HS

Herbert Smith Freehills Kramer LLP

Federal Court Of Australia Affirms Jurisdiction To Enforce Arbitral Awards Against Foreign States Party To The New York Convention

Australia Litigation

HS

Herbert Smith Freehills Kramer LLP

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

Worldwide Litigation

SJ

Steptoe LLP

A guide to legal costs for medical negligence and public liability claims.

Australia Litigation

P

Polaris Lawyers

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Latest Videos

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Debt collection lawyer or debt collection agency?

SL

Stonegate Legal

Finding out who is behind a negative Google review

M

Madgwicks

It Depends – The different types of Court hearings

CG

Cooper Grace Ward

Double dipping: making claims for Total and Permanent Disability (TPD)

RL

Roche Legal

Class Actions Fireside Podcast Series: EP17: Bracing For A Year Of Change

HS

Herbert Smith Freehills Kramer LLP

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