Australia: Trials & Appeals & Compensation

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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.

TGIF 15 May 2026 – Court Of Appeal Confirms High Threshold For Discharging Examination Summonses

This week's TGIF considers Rosenberg v Can’t Escape Karma Pty Ltd [No 2] [2026] WASCA 50. In this case, the Western Australian Court of Appeal (the Court) unanimously refused an appeal of a decision to dismiss an application to discharge examination summonses on the basis that they constituted an abuse of process and were obtained in contravention of the duty to make ‘full and frank disclosure’.

Australia Commercial

CC

Corrs Chambers Westgarth

TGIF 29 May 2026 – When Will A Court Discount A Receiver’s Remuneration?

This week’s TGIF considers the recent decision of the Queensland Supreme Court in White Rook Pty Ltd v White Horizon Pty Ltd (No 2) [2026] QSC 86 where the Court applied proportionality principles and reduced a court-appointed receiver’s remuneration by 15%.

Australia Litigation

CC

Corrs Chambers Westgarth

Rebel Wilson And Defamation Risk: When Public Allegations Move From Belief To Proof

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.

Australia Litigation

CC

Corrs Chambers Westgarth

Can Pre Sentence Custody Be Taken Into Account On Sentencing?

A NSW appeal court has overturned part of a young man's prison sentence after finding he lost more than three months of credit for time already spent in custody. The ruling highlights the complex and often misunderstood process of calculating pre-sentence custody, particularly when charges are later withdrawn or dismissed.

Australia Criminal

CD

Criminal Defence Lawyers Australia

Is Property Damage A Criminal Offence In NSW?

Australia Criminal

CD

Criminal Defence Lawyers Australia

Water And Contaminated Material Through A Retaining Wall: Why The Supreme Court Dismissed Claims In Nuisance And Negligence

Australia Energy

BN

Barry Nilsson

Commercial Litigation Update - May 2026

Australia Commercial

KL

Herbert Smith Freehills Kramer LLP

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

Australia Litigation

S

Swaab

The Expanding Scope Of Developer And Builder Liability: Owners Strata Plan No 66375 v King [2018] NSWCA 170

Australia Real Estate

S

Swaab

The Extended 6 Year Limitation Period For SSMA Section 106 Strata Claims Is Not Retrospective

Australia Litigation

S

Swaab

Australia | High Court Dismisses ZIP V Firstmac Appeal

SF

Spruson & Ferguson

Briefing Note - Reiche v Neometals Ltd [2026] FCAFC

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Podcast: Coffee With CGW – Get To Know Andrew Vella

Australia Litigation

CG

Cooper Grace Ward

Supreme Court Clarifies Section 36 CLA Defence For Local Authorities

Australia Litigation

BN

Barry Nilsson

Leveraging DAMAs For Flexible Workforce Planning

Australia Immigration

IL

Interstaff Immigration Agency

It Depends – What Should The Jurisdiction Of My Trust Be? (Video)

Australia Commercial

CG

Cooper Grace Ward

Sponsorship Rules Tighten For Subclass 407 Training Visas

Australia Immigration

IL

Interstaff Immigration Agency

Interview With The CEO Of ARITA (Video)

Australia Insolvency

CP

Cathro & Partners

Struggling With Personal Debts (Video)

Australia Insolvency

W

Worrells

Payday For Liquidators!

In a significant ruling for insolvency practitioners, the NSW Supreme Court granted liquidators their full remuneration claim of $645,470.40 without any discount, demonstrating the judiciary's willingness to approve substantial fees when supported by thorough documentation.

Australia Insolvency

S

Swaab

NSW Sentencing Law Explained: The 5-Year Prison Sentencing Rule

A little-known rule in NSW sentencing law is quietly shaping outcomes in criminal cases—and in some situations, it can dramatically reduce the amount of time a person spends in prison.

Australia Criminal

CD

Criminal Defence Lawyers Australia

What Happens When The Police Investigate A Crime In Queensland?

Understanding your rights during a police investigation is crucial to protecting your legal position. This article examines critical investigation tactics like pre-text phone calls, explains the right to remain...

Australia Criminal

AL

Ashworth Lawyers

Do I Have To Go To Court? Alternatives To Criminal Charges

While most criminal matters proceed through the traditional court system, there are instances where charges can be resolved without the need for court proceedings.

Australia Criminal

AL

Ashworth Lawyers

Case Note: Victorian Building Authority V Fall-Armytage [2026] VSCA 32

Australia Insurance

P

PCL Lawyers

A Step Too Far? Resiling From Arguments Following Appellate Decisions And Undermining Their Finality

Australia Family

BN

Barry Nilsson

Brambles And Continuous Disclosure: Lessons For Listed Entities On Earnings Guidance

Australia Commercial

CC

Corrs Chambers Westgarth

Can Text Messages Be Used As Evidence?

Australia Criminal

CD

Criminal Defence Lawyers Australia

A Bump In The Road: Strata Owners Held Liable Over Speed Hump

Australia Litigation

BN

Barry Nilsson

Valid Consent In The Context Of Childbirth And Birth Plans

Australia Healthcare

BN

Barry Nilsson

NSW Security Of Payment Decisions In 2025 – Learnings For Claims This Year

Australia Real Estate

HR

Holding Redlich

Sovereign citizen gobbledygook never wins

Australia Criminal

S

Stacks Law Firm

Subcontractor Payment Rights – Complete Guide

Australia Real Estate

SL

Stonegate Legal

A New High Bar Set For Owners Corporations

Australia Litigation

GC

Gilchrist Connell

NSW Security Of Payment Decisions In 2025 – Learnings For Claims This Year

Contested claims are determined by an adjudicator within that period, with power to determine the value of the claim on an interim basis. There is very little scope for appeal and an underlying philosophy of ‘pay now, argue later’, with the solvency risk sitting up the chain.

Australia Real Estate

HR

Holding Redlich

Sovereign citizen gobbledygook never wins

It’s not uncommon for a sovereign citizen to tell the cop who pulls them over that they’re not the driver at all – just a traveller in a vehicle. They tell the judge they’re not the “legal person” who was charged, but they’re really a “living person” who is immune from laws.

Australia Criminal

S

Stacks Law Firm

Subcontractor Payment Rights – Complete Guide

Subcontractor payment rights in Queensland are governed by the Building Industry Fairness (Security of Payment) Act 2017 (Qld), which establishes a comprehensive statutory regime designed to protect cash flow in the construction industry.

Australia Real Estate

SL

Stonegate Legal

A New High Bar Set For Owners Corporations

A New South Wales Court of Appeal decision examines whether an unpainted speed hump in a carpark constitutes an obvious risk when all other tripping hazards were marked with yellow paint. The case explores the duty to warn under section 5H of the Civil Liability Act 2002 (NSW) and establishes important principles for occupiers regarding consistency in hazard marking.

Australia Litigation

GC

Gilchrist Connell

TGIF 10 April 2026 – Ample Evidence Liquidators Acted In Good Faith In Denying Creditors Meeting

Australia Insolvency

CC

Corrs Chambers Westgarth

Super Returns And Not-so-super Drafting: FX Group Holdings Pty Ltd v Perpetual Trustee Co Ltd

The NSW Supreme Court recently handed down the latest quantum judgment in the long running dispute between FX Group Holdings Pty Ltd and Perpetual Trustee Company Ltd, concerning the interpretation ...

Australia Real Estate

KL

Herbert Smith Freehills Kramer LLP

Full Federal Court Finds $11 Million Of Related Party Agreement Fees Not Deductible

The Full Federal Court's recent decision in Commissioner of Taxation v S.N.A Group Pty Ltd [2026] FCAFC 10...

CG

Coleman Greig Lawyers

Mandatory Final Offers and Settlement Formalities: Understanding Allen v Brother International

For practitioners dealing with disputed settlements, Allen provides persuasive authority that acceptance of a compliant MFO creates immediate contractual obligations, even if formalization remains incomplete.

Australia Litigation

RL

Roche Legal

When Can An Owner Commence Proceedings In The 6 Months After The Expiry Of The Statutory Warranty Periods

When a defect claim emerges in the final six months of statutory warranty periods, owners may still have time to act. This update explains when proceedings can be commenced under...

Australia Litigation

S

Swaab

Ogbonna v CTI Logistics Ltd (No 8): The sequestration order was set aside but the costs story did not end there

Australia Litigation

MF

Matthews Folbigg Lawyers

Privilege And AI: When AI-generated Documents Are Not Protected

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

Facing Criminal Charges In Queensland? How To Find A Criminal Defence Lawyer In Brisbane

Australia Criminal

AL

Ashworth Lawyers

Case Review (Malicious Prosecution): Irving v Pfingst (No 2)

Australia Litigation

RL

Roche Legal

AA v The Trustees Of The Roman Catholic Church For The Diocese Of Maitland-Newcastle [2026] HCA 2

Australia Litigation

KG

K&L Gates LLP

Choosing The Best Criminal Defence Lawyer For Serious Charges In Qld

Australia Criminal

AL

Ashworth Lawyers

Rose v Manno Kingsway Pty Ltd (As Trustee For The Manno Kingsway Unit Trust) [2025] NSWCA 23

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

No Worker, No Case: Important PIC Decision On Jurisdictional Powers – Key Lessons From ASF Australia Pty Ltd v Icare Workers Insurance [2025] NSWPIC 604

Australia Litigation

HW

Holman Webb Lawyers

Leveraging Technology In Internal Investigations: The Promise And Potential Of Generative AI

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

High Court widens exposure for organisations working with vulnerable people

Australia Employment

GC

Gilchrist Connell

Non-delegable duties and intentional wrongs – the High Court determination

Australia Employment

BN

Barry Nilsson

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

Australia Litigation

GC

Gilchrist Connell

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

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

Australia Litigation

BP

Bennett & Philp Lawyers

Can Plaintiffs Recover Litigation Funding Damages From Defendants In Class Action In Australia?

Australia Litigation

JD

Jones Day

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Latest Videos

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Future Of Consumer APAC: Climate Change And ESG Litigation Trends In The Consumer Sector

HS

Herbert Smith Freehills Kramer LLP

I do not agree with the judges decision – Can I appeal?

CG

Cooper Grace Ward

[Podcast] Coronial inquests and the Coroners Act 2003 (Qld)

LT

Level Twenty Seven Chambers

[Podcast] Appeals: When is a trial judge wrong?

LT

Level Twenty Seven Chambers

CU LAB: Clauses for recovery of legal costs: what protection do they provide?

CU

Clayton Utz

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