Oceania: Litigation, Mediation & Arbitration

Alternative Dispute Resolution (ADR) is an effective way to resolve commercial disputes and has long been recognised as such. Its role has changed in recent years though – what was once considered an alternative to litigation is often now the starting point.

In Abdel-Hady v Commonwealth of Australia [2026] HCA 17, the High Court unanimously rejected a novel defence advanced by the Commonwealth to a claim for false imprisonment arising from immigration detention later...

A recent NSW Supreme Court decision examines whether the 10-year statutory limitation period on building defect claims can be extended for contribution claims, and whether parties can amend pleadings on the final day before the limitation period expires.

This recent Federal Court decision serves as a timely reminder about privilege over third-party investigations and the documents created during such investigations which may be sought in subsequent litigation.

Commercial disputes can often be resolved without the need for costly and time-consuming court proceedings. Through strategic negotiation, mediation, and properly structured settlement agreements, businesses can achieve faster, more certain outcomes while maintaining control over the resolution process. Understanding your contractual rights and adopting a well-planned approach to dispute resolution can lead to favourable settlements that avoid the risks and expenses of litigation.

Default judgment offers creditors an efficient path to obtaining judgment when debtors fail to respond to court proceedings, but it is not automatic. Creditors must demonstrate proper service, satisfy procedural requirements under Queensland's Uniform Civil Procedure Rules, and provide sufficient evidence supporting the claimed amount. This examination covers when default judgment is available, the procedural steps required, evidentiary requirements, circumstances for setting aside judgment, and practical e

Carroll & O'Dea Lawyers explores how trauma informed practice transforms legal representation for personal injury clients who have experienced serious physical and psychological injuries. The firm examines the delicate balance between delivering strong advocacy and treating trauma survivors with dignity, respect and empathy throughout complex legal processes.

The Victorian Supreme Court has clarified the burden of proof in broker negligence claims, establishing that insureds must demonstrate a hypothetical insurance policy would have responded to their loss. This landmark decision examines the interplay between causation requirements, section 54 of the Insurance Contracts Act, alteration of use clauses, and broker renewal obligations in the context of a major warehouse fire claim.

Asset management disputes in construction often emerge years after handover when repeated failures reveal underlying design or construction problems rather than simple maintenance issues. This article examines how to distinguish between ordinary wear and tear and systemic defects, exploring the legal frameworks, timing pressures, and strategic approaches that determine whether recurring problems represent routine deterioration or inherited liability.

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.