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.

Case summary: Ganeson v Allianz Australia Insurance Limited [2025] NSWPIC 55 – Nutritional supplements as "medical treatment" under the Motor Accident Injuries Act 2017

This case reinforces the principle that the definition of "treatment and care" is not rigid but must be interpreted considering the specific needs of an individual claimant.

Australia Litigation

CO

Carroll & O'Dea

Innuendo in Defamation – Complete Guide

Innuendo in defamation law refers to defamatory meanings that go beyond the plain words of a publication.

Australia Litigation

SL

Stonegate Legal

Why ‘Alleged' Isn't Enough – Defamation Defence Myths

The use of the word "alleged" has long been misunderstood as a protective device in defamation law.

Australia Litigation

SL

Stonegate Legal

Regulatory And Class Action Risk Symposium

Corporate risk in Australia is increasingly defined by the aligned issues of regulatory compliance and the threat of class action litigation.

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Class Actions Radar: Australia

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Class Actions Radar: Scanning Global Trends And Risks

Worldwide Litigation

KL

Herbert Smith Freehills Kramer LLP

Queensland Court Of Appeal Confirms Non-party Liability Under Arbitral Award

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Injury sustained on bus not sustained in a "Motor Accident"

Australia Litigation

M

McCabes

Default Judgments In Defamation (QLD)

Australia Litigation

SL

Stonegate Legal

Suppression of a clinician's identity: a comparison between the United Kingdom and Australia

Australia Litigation

B

Barry Nilsson

Reasoning about reasonableness: High Court clarifies the compensatory principle

Australia Litigation

B

Barry Nilsson

Local council not liable for injuries to child who fell from cliff

Australia Litigation

B

Barry Nilsson

Case summary: El-Kazzi v Insurance Australia Limited t/as NRMA Insurance [2024] NSWPICMP 591 (21 August 2024) – were medical treatments reasonable and necessary?

Australia Litigation

CO

Carroll & O'Dea

Reasonableness and the right to care in your own home Stewart v Metro North Hospital and Health Services [2025] HCA 34

Australia Litigation

GC

Gilchrist Connell

Visa Rules When Changing Employer Sponsors

Australia Immigration

IL

Interstaff Immigration Agency

Michael Byrnes appeared on Breakfast with Tim Webster on 2SM on 23 July 2025 to discuss workplace relationships and that Coldplay concert

Australia Employment

S

Swaab

Blockchain Bites: NASDAQ Bets On Blockchain With Tokenised Stocks And ETFs; ASIC Mints Regulatory Relief For AFSL Licensed Stablecoins; Binance Nears Agreement To End US Monitorship

Australia Technology

PA

Piper Alderman

Skilled Visa Salary Thresholds To Increase To 4.6% From 1 July 2025

Australia Immigration

IL

Interstaff Immigration Agency

August 2025 ESG Policy Update—Australia

Worldwide Environment

KG

K&L Gates LLP

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Related Country Guides

International Arbitration

Enforcement of Foreign Judgments

Disclosure & Electronic Discovery & Privilege

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

How the privilege against self-incrimination is applied in coronial inquests across Australia.

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

Documents produced for court: not to be used for other purposes

Australia Litigation

HL

HHG Legal Group

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Arbitration & Dispute Resolution

Queensland Court Of Appeal Confirms Non-party Liability Under Arbitral Award

In KGLNG E&P Pty Ltd v Santos Toga Pty Ltd [2025] QCA 114, the Queensland Court of Appeal determined that the appellants were contractually bound to pay amounts determined by an arbitral award...

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Beyond The School Gates: When Is A School Liable In Negligence For Bullying & Student Assault?

Case regarding the duty of care that a school owes to its students.

Australia Litigation

CO

Carroll & O'Dea

Filmalter v Swenson: the Queensland approach to the peer professional opinion defence

The accepted practice can only be determined by reference to agreed or determined facts.

Australia Litigation

CO

Carroll & O'Dea

Adjudicator Discretion and Legal Error: Builtcom Constructions v VSD

Australia Litigation

PA

Piper Alderman

Valuing "True Value" In Post-Acquisition Disputes

Australia Litigation

FC

FTI Consulting

New Community Benefit Agreements For Queensland Renewables Projects

Australia Energy

KL

Herbert Smith Freehills Kramer LLP

Pabai decision: Federal Court finds no duty of care to protect Torres Strait Islanders from climate change

Australia Litigation

CC

Corrs Chambers Westgarth

The importance of reality testing valuation reports in Family Law

Australia Litigation

B

Barry Nilsson

What are the steps to resolving disputes? Mechanisms to resolving Disputes.

Australia Litigation

P

PCL Lawyers

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Court Procedure

How can government lawyers claim legal professional privilege in relation to a FOI request? Lessons from Burford v TEQSA

Explain how courts and tribunals apply the dominant purpose test to determine whether LPP applies in relation to LPP claims by government lawyers in relation to FOI requests.

Australia Litigation

HR

Holding Redlich

Damages in commercial litigation in Qld

In Qld, Rule 155 requires damages to be clearly pleaded or risk strike-out and costs. Rule comprehensively explained here.

Australia Litigation

SL

Stonegate Legal

Vexatious Litigant under the Vexatious Proceedings Act 2005

The purpose of the Act, the meaning of "vexatious proceedings" and "frequently instituted" litigation, the types of orders the Court can make, and the practical strategies available to defend against vexatious litigation.

Australia Litigation

SL

Stonegate Legal

Filmalter v Swenson: the Queensland approach to the peer professional opinion defence

Australia Litigation

CO

Carroll & O'Dea

Adjudicator Discretion and Legal Error: Builtcom Constructions v VSD

Australia Litigation

PA

Piper Alderman

Mareva Injunction (Freezing Order) – How Freezing Orders Work in Australian Law

Australia Litigation

U

Unified Lawyers

The importance of reality testing valuation reports in Family Law

Australia Litigation

B

Barry Nilsson

What are the steps to resolving disputes? Mechanisms to resolving Disputes.

Australia Litigation

P

PCL Lawyers

The Harman Principle : An Overview

Australia Litigation

U

Unified Lawyers

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Banking/ Finance

Proportionate Liability under the microscope - when both parties are in the wrong

A recent case considered proportionate liability where both parties are wrongdoers.

Australia Litigation

NR

Norton Rose Fulbright Australia

What bank fees constitute penalties?

A recent case considered whether a bank fee constitutes a penalty.

Australia Litigation

NR

Norton Rose Fulbright Australia

Insurance Case Note - The credibility gap and the gullibility fill

The Court provided guidance on the extent that a party must prove reliance to succeed on actionable misrepresentation.

Australia Litigation

HH

Hunt & Hunt

Four more banks to be subject to credit card fees class actions

Australia Litigation

D

DibbsBarker

Landlords gain ground in Colorado Group administration

Australia Litigation

D

DibbsBarker

What is the correct approach in determining whether a secured lender has lost an opportunity to make a profit from an alternative investment?

Australia Litigation

MA

Moray & Agnew

Practical guidance for trade creditors in an administration

Australia Insolvency

DP

DLA Piper Australia

High Court holds dishonouring cheques was defamatory and awards damages

Australia Finance

CU

Clayton Utz

Retention of Title Clauses – Court of Appeal

Australia Litigation

A

Addisons

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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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