Australia: Litigation, Mediation & Arbitration

The duty of disclosure in family law proceedings is fundamental, yet disputes over whether sufficient disclosure has been provided remain common.

When serious allegations are published – intentionally, publicly and to a mass audience – the legal question is immediate and unforgiving: who must justify them? Under Australian defamation law, the answer is not the person defamed. It is the person who chose to publish.

Employees frequently commence proceedings with a pleading containing serious, damaging and untested allegations about the employer, its executives, HR decision-makers, colleagues or even third parties.

Omni Bridgeway partners with the Public Interest Advocacy Centre to establish an Adverse Cost Order Guarantee Fund, providing crucial financial support for public interest litigation.

Cooper Grace Ward's workers compensation podcast examines the landmark High Court case of CCIG Investments Pty Ltd v Schokman, exploring critical questions about vicarious liability and scope of employment arising from an unusual workplace incident on Daydream Island. Legal experts who appeared before the High Court discuss the case's implications for workers compensation law across Queensland and Australia.

Explore the unprecedented voluntary administration process that facilitated the sale and restructuring of Virgin Australia, the largest insolvency case in recent Australian history. Industry experts including the administrators, financial advisors, and legal counsel share their firsthand experiences navigating this complex corporate rescue.

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.

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.