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
Ober­to Pty Ltd v The Own­ers Stra­ta Plan No 2004 No 2 [2026] NSW­CATCD 24 & Costs In Stra­ta Dis­putes – Rule 38 Of Civ­il And Admin­is­tra­tive Rules 2014
A lot owner successfully claimed damages against an owners corporation for breach of statutory duty, with the Tribunal awarding costs under rule 38 despite the final award being under $30,000. The owners corporation's attempts to reduce the claim amount through pre-payments and Calderbank offers were rejected by the Tribunal.
Australia Litigation
S
Swaab
Article
The Extend­ed 6 Year Lim­i­ta­tion Peri­od For SSMA Sec­tion 106 Stra­ta Claims Is Not Retrospective
A recent NSW District Court decision has clarified that the extension of the limitation period for strata claims from 2 to 6 years does not apply retrospectively to claims that had already expired before the legislative change took effect on 1 July 2025. The case also raises important questions about when owners become aware of their loss for limitation purposes, potentially departing from established precedent.
Australia Litigation
S
Swaab
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Article
Ober­to Pty Ltd v The Own­ers Stra­ta Plan No 2004 No 2 [2026] NSW­CATCD 24 & Costs In Stra­ta Dis­putes – Rule 38 Of Civ­il And Admin­is­tra­tive Rules 2014
A lot owner successfully claimed damages against an owners corporation for breach of statutory duty, with the Tribunal awarding costs under rule 38 despite the final award being under $30,000. The owners corporation's attempts to reduce the claim amount through pre-payments and Calderbank offers were rejected by the Tribunal.
Australia Litigation
S
Swaab
See more

Court Procedure

Article
Ober­to Pty Ltd v The Own­ers Stra­ta Plan No 2004 No 2 [2026] NSW­CATCD 24 & Costs In Stra­ta Dis­putes – Rule 38 Of Civ­il And Admin­is­tra­tive Rules 2014
A lot owner successfully claimed damages against an owners corporation for breach of statutory duty, with the Tribunal awarding costs under rule 38 despite the final award being under $30,000. The owners corporation's attempts to reduce the claim amount through pre-payments and Calderbank offers were rejected by the Tribunal.
Australia Litigation
S
Swaab
Article
The Extend­ed 6 Year Lim­i­ta­tion Peri­od For SSMA Sec­tion 106 Stra­ta Claims Is Not Retrospective
A recent NSW District Court decision has clarified that the extension of the limitation period for strata claims from 2 to 6 years does not apply retrospectively to claims that had already expired before the legislative change took effect on 1 July 2025. The case also raises important questions about when owners become aware of their loss for limitation purposes, potentially departing from established precedent.
Australia Litigation
S
Swaab
See more

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