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Litigation Law, Mediation Law and Arbitration Law

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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.

Contributory negligence: How a worker's secret back injury cost him his case

DC dismissed claim by worker who sustained back injury - his failure to disclose a pre-existing condition & undertake suitable work constituted contributory negligence.

Australia Litigation

B

Barry Nilsson

Disclosure of social media and hiking footage ordered in personal injury claim

Decision illustrates that a party to a personal injury claim will not be excused from fulfilling their disclosure obligations due to any alleged invasion of privacy.

Australia Litigation

B

Barry Nilsson

Child awarded damages after unsecured café table causes serious injury

Recent decision has significant implications for occupiers of public venues, particularly those frequented by children.

Australia Litigation

B

Barry Nilsson

Defamation versus expressions of honest opinion: Where the law draws the line

Social media posts can lead to legal liability, particularly when statements blur the line between fact & opinion or make unsubstantiated allegations about misconduct.

Australia Litigation

B

Barry Nilsson

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

Delay in Civil Proceedings in Queensland – Rule 389

Australia Litigation

SL

Stonegate Legal

Four seconds too late | Commission rejects late claim filed seconds after deadline

Australia Litigation

BP

Bartier Perry

Commercial Litigation Lawyers Sydney

Australia Litigation

JS

JB Solicitors

What Is Default Judgment? A Complete Guide to NSW Default Judgments

Australia Litigation

JS

JB Solicitors

Navigating Dual-benefit Scenarios And Section 46 In Workers Comp – Learnings From Freeth v Volvo Group Australia Pty Ltd [2025] NSWPICPD 78

Australia Litigation

HW

Holman Webb Lawyers

Case Review (Med Neg): Ringelstein v Metro North Hospital and Health Service

Australia Litigation

RL

Roche Legal

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

Failure to warn: Wallace v Kam prevails again

Australia Litigation

B

Barry Nilsson

Spinal nerve root injury? Show me the (radicular) signs!

Australia Litigation

M

McCabes

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Webinars

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Recorded on 27 Jan 2026 | 3:00 PM

When Harassment Comes From Outside: A Guide To Third-Party Risk Management

BB

BCF Business Law

Recorded on 20 Jan 2026 | 3:00 PM

2026 Canadian In-House Counsel Report: Unparalleled Insights into Canada's In-House Profession from CBA In-House Lawyers

TC

CBA In-House Lawyers

Recorded on 9 Jul 2025 | 2:00 PM

Digital Assets – Innovation vs Compliance: Emerging Offshore Jurisdictional Trends – How Legal Advisers' Roles Will Change

W

Walkers

Recorded on 24 Jun 2025 | 3:00 PM

(2nd Session) 2025 Global In-House Counsel Survey Report: Unique Insights into the Global In-House Counsel Profession

IC

In-House Counsel Worldwide

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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Personal Injury

High Court Appeal (Judgment): AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle ABN 79469343054 – Case S94/2025

Discusses the current landscape of duty of care & non-delegable duties of care.

Australia Employment

CO

Carroll & O'Dea

Contributory negligence: How a worker's secret back injury cost him his case

DC dismissed claim by worker who sustained back injury - his failure to disclose a pre-existing condition & undertake suitable work constituted contributory negligence.

Australia Litigation

B

Barry Nilsson

Disclosure of social media and hiking footage ordered in personal injury claim

Decision illustrates that a party to a personal injury claim will not be excused from fulfilling their disclosure obligations due to any alleged invasion of privacy.

Australia Litigation

B

Barry Nilsson

Child awarded damages after unsecured café table causes serious injury

Australia Litigation

B

Barry Nilsson

Serious driving offences – claimant injured during psychotic episode entitled to statutory benefits

Australia Criminal

M

McCabes

Navigating Dual-benefit Scenarios And Section 46 In Workers Comp – Learnings From Freeth v Volvo Group Australia Pty Ltd [2025] NSWPICPD 78

Australia Litigation

HW

Holman Webb Lawyers

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

Spinal nerve root injury? Show me the (radicular) signs!

Australia Litigation

M

McCabes

Case Review (PIPA): Harris v Evans Built Pty Ltd

Australia Litigation

RL

Roche Legal

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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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Trials & Appeals & Compensation

Choosing The Best Criminal Defence Lawyer For Serious Charges In Qld

If you are facing serious criminal charges in Qld, most people start by searching for the best criminal defence lawyer in Brisbane.

Australia Criminal

AL

Ashworth Lawyers

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

The decision in Rose v Manno Kingsway Pty Ltd (2025) 116 NSWLR 598; [2025] NSWCA 23(Bell CJ, Mitchelmore and Adamson JJA) has confirmed that although the advance...

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

In the financial year ended June 2024 SafeWork Australia reported nationwide there were over 30,209 workers compensation claims lodged by construction workers.

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

B

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

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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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