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.

Insurance Australia Limited t/as NRMA Insurance v Chowdhury [2025] NSWSC 1392 – Pet care can be compensated under the MAIA scheme

SC of NSW recently clarified that certain pet care tasks may be eligible for statutory benefits under the Motor Accidents Injuries Act 2017 (NSW).

Australia Litigation

CO

Carroll & O'Dea

Sharpen your pencil – care required in defining the scope of medical disputes

Recent case made it clear that the Commission will look beyond the application & reply forms lodged by the parties in order to ascertain the scope of the dispute.

Australia Litigation

M

McCabes

Queensland Court of Appeal provides guidance on fact-finding and the extent of vicarious liability for certain staff members in historic school sexual abuse decision

Recent decisions reinforce important principles in assessing evidence & vicarious liability in relation to allegations of historic sexual abuse.

Australia Litigation

GC

Gilchrist Connell

Case Review (MAIA): Lundbergs V Fu

his case reinforces strict limitations on "nervous shock" claims and demonstrates judicial scepticism toward psychiatric injury claims.

Australia Litigation

RL

Roche Legal

High Court appeal (submissions): AA v the Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle ABN 79469343054 – case S94/2025

Australia Litigation

CO

Carroll & O'Dea

Claimant convicted of negligent driving causing death denied statutory benefits

Australia Litigation

M

McCabes

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

Australia Litigation

GC

Gilchrist Connell

"I comforted him and then I watched him die." Was the driver to blame for the police officer's PTSD? Which case won?

Australia Litigation

S

Stacks Law Firm

Landmark $2.4m silicosis award for tunnel worker

Australia Litigation

S

Stacks Law Firm

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

Australia Litigation

BP

Bennett & Philp Lawyers

Case Review (MAIA): Murphy V Madill

Australia Litigation

RL

Roche Legal

English High Court Rules Assignees Cannot Enforce ICSID Awards, Departing From Australian And US Decisions

Australia Litigation

CC

Corrs Chambers Westgarth

Irani V Insurance Australia Limited T/as NRMA Insurance [2025] NSWPICMP 832 – Pet Care And Statutory Benefits, Review Panel Confirms Dog-related Expenses Are Not "Treatment And Care"

Australia Litigation

CO

Carroll & O'Dea

Look Up From Your Phone! Pedestrian's Contributory Negligence Measured At 100%

Australia Litigation

M

McCabes

Essential ESG: Episode 26 – Insights From The 2025 UN Forum On Business And Human Rights

Australia Environment

CC

Corrs Chambers Westgarth

Employment Relations Podcast #46 – Safety In The Workplace: Drug And Alcohol Testing And Policies

Australia Employment

PA

Piper Alderman

Essential ESG: Episode 25 – Operating Responsibly In Conflict-affected Areas: The Role Of Grievance Mechanisms

Australia Commercial

CC

Corrs Chambers Westgarth

New English Requirements For Visas

Australia Immigration

IL

Interstaff Immigration Agency

Funds Update - 9 January 2026

Australia Finance

KL

Herbert Smith Freehills Kramer LLP

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Related Country Guides

International Arbitration

Enforcement of Foreign Judgments

Disclosure & Electronic Discovery & Privilege

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

The obligation on parties to provide full and frank disclosure continues throughout the proceedings until the dispute has been resolved.

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

Protecting Confidentiality in Mediation: The Gazal v Setiawan and Topaloglu Case Study

Australia Litigation

HW

Holman Webb Lawyers

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Arbitration & Dispute Resolution

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

An explanation of the effect of the dispute resolution clause might have gone a considerable way in addressing whether the clause was unfair.

Australia Litigation

PA

Piper Alderman

Warning! Arbitration Ahead

The perceived use of arbitration to frustrate (particularly) consumer and employment claims has been controversial in Canada and the US.

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

The rise of ‘unmeritorious' workplace claims in the age of AI

Australia Litigation

S

Swaab

Full Court Press: Preliminary Discovery And Arbitration Agreements In A Basketball Showdown

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

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Court Procedure

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

A NSW Supreme Court decision confirms that a well-drafted ATE policy can provide adequate security for costs.

Australia Litigation

GC

Gilchrist Connell

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

To avoid being drawn into costly proceedings and then being unable to recover costs, a defendant may apply for a Security for Costs order.

Australia Litigation

BP

Bennett & Philp Lawyers

Giving evidence from overseas via audio-visual link

Outlines the current position in NSW & the Commonwealth courts & highlights key considerations for practitioners planning to call a witness remotely from abroad.

Australia Litigation

BP

Bartier Perry

Striking Out Pleadings And Particulars In Queensland

Australia Litigation

SL

Stonegate Legal

A Caution For Medical Experts

Australia Litigation

K

Kennedys

One Common Law, One Standard: Significant Damages Award In Historic Queensland Abuse Case

Australia Litigation

B

Barry Nilsson

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

Australia Litigation

B

Barry Nilsson

Right To Information: The Limit Does Exist

Australia Litigation

HR

Holding Redlich

Full Court Press: Preliminary Discovery And Arbitration Agreements In A Basketball Showdown

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

See more

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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