Oceania: Litigation, Mediation & Arbitration

Hotel and security company not liable for patron’s injury during altercation due to poor pleading undermining the case.

Enduring attorneys hold significant power over the financial and personal affairs of those who have lost capacity, yet many make critical mistakes that can lead to disputes, financial loss, and legal consequences.

The Supreme Court has confirmed that the threshold for establishing nuisance remains high, and that factual causation will be difficult to establish when there are multiple factors contributing to an incident.

The duty of disclosure in family law proceedings is fundamental, yet disputes over whether sufficient disclosure has been provided remain common.

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.

Employees frequently commence proceedings with a pleading containing serious, damaging and untested allegations about the employer, its executives, HR decision-makers, colleagues or even third parties.

On 14 May 2026, the Federal Court of Australia (the Court), in a prosecution commenced by the Australian Competition and Consumer Commission (ACCC), found that Coles Supermarkets Australia Pty Ltd (Coles)...

The Federal Court of Australia has ruled that Coles Supermarkets' 'Down Down' promotional pricing was misleading to consumers, despite the advertised prices being factually accurate. The case examines whether temporary price increases followed by promotional discounts constitute genuine savings, and establishes critical standards for how long a higher price must be maintained before retailers can legitimately advertise it as a discount reference point.

The Federal Court of Australia considered whether it was fair and reasonable to deduct the premiums associated with after the event (ATE) insurance taken out by the applicants' solicitors, from the funds to be paid in settlement of a class action.

The duty of disclosure in family law proceedings is fundamental, yet disputes over whether sufficient disclosure has been provided remain common.

When a retired Federal Court Judge returns to practice as a barrister and appears before their former colleagues, does this create an apprehension of bias that undermines public confidence in the judicial system?

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.