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.
Article
No Reasons Required: Supreme Court Reinforces The Limits Of Medical Panel Judicial Review
The Victorian Supreme Court has ruled on the procedural framework governing Medical Panel referrals under the Wrongs Act, addressing whether multiple respondents can separately refer identical medical questions to different panels and whether subsequent panels must reconcile their findings with earlier determinations. The decision in Baressi v Cross Yarra Partnerships & Ors clarifies the independence of Medical Panel assessments and the limited grounds available for judicial review of their determinations.
Australia Litigation
K
Kennedys
Article
Section 22 PIPA Requests In Queensland Personal Injury Claims: A Strategic Tool For Early Claim Resolution
Queensland's Personal Injuries Proceedings Act 2002 provides respondents with a powerful strategic tool through section 22 requests for information. When properly deployed, these requests can expose weaknesses in causation and credibility, lock claimants into early versions of events, and potentially result in claim withdrawals before significant legal expenses are incurred.
Australia Litigation
GC
Gilchrist Connell
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Related Country Guides

CA
Class Actions
EF
Enforcement of Foreign Judgments
IA
International Arbitration

Disclosure & Electronic Discovery & Privilege

Article
The Harman Undertaking In Queensland
The Harman undertaking, more accurately termed the implied obligation in Australia, automatically restricts how documents and information obtained through compulsory court processes may be used beyond their original proceeding. This obligation binds parties, solicitors, experts, and others who receive such material, covering disclosed documents, interrogatory answers, subpoenaed materials, affidavits and witness statements.
Australia Litigation
SL
Stonegate Legal
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Arbitration & Dispute Resolution

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Court Procedure

Article
No Reasons Required: Supreme Court Reinforces The Limits Of Medical Panel Judicial Review
The Victorian Supreme Court has ruled on the procedural framework governing Medical Panel referrals under the Wrongs Act, addressing whether multiple respondents can separately refer identical medical questions to different panels and whether subsequent panels must reconcile their findings with earlier determinations. The decision in Baressi v Cross Yarra Partnerships & Ors clarifies the independence of Medical Panel assessments and the limited grounds available for judicial review of their determinations.
Australia Litigation
K
Kennedys
Article
Section 22 PIPA Requests In Queensland Personal Injury Claims: A Strategic Tool For Early Claim Resolution
Queensland's Personal Injuries Proceedings Act 2002 provides respondents with a powerful strategic tool through section 22 requests for information. When properly deployed, these requests can expose weaknesses in causation and credibility, lock claimants into early versions of events, and potentially result in claim withdrawals before significant legal expenses are incurred.
Australia Litigation
GC
Gilchrist Connell
See more

Sovereign Immunity: Public Sector Government

Article
Flexible Work Requests – Lessons For The APS
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.
Australia Employment
HR
Holding Redlich
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Latest Videos

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