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.

When "remedy defects" means "pay damages": lessons from Grech v Biltar Pty Ltd [2025] VSC 636

Courts will rarely order specific performance as a remedy. Recent case discussed.

Australia Litigation

PP

Pointon Partners

Court orders disclosure of hundreds of abuse claims in Brisbane youth detention centre case

Recent case sheds light on the balance courts must strike between a plaintiff's right to evidence and the privacy of third parties in historical abuse cases.

Australia Privacy

RL

Roche 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: Scanning Global Trends And Risks

Their rise is a 21st-century phenomenon shaped by megatrends such as globalisation, digital transformation, economic development, rapid consumerisation, and heightened expectations of corporate responsibility.

Worldwide Litigation

KL

Herbert Smith Freehills Kramer LLP

All Eyes On EYLEA–Sandoz Defeats Preliminary Injunction

KG

K&L Gates LLP

Settlement Offers And Costs Protection In Family Law Matters – The Benefits Of Genuine Negotiations

Australia Family

KK

Kalus Kenny Intelex

Crypto In The Courts – ASIC v Finder Update

Australia Technology

KG

K&L Gates LLP

How Experts Navigate The Complexities Of An Account Of Profits

Australia Litigation

FC

FTI Consulting

Financing Of Australian Class Actions—Solicitors Common Fund Order Disallowed

Australia Litigation

JD

Jones Day

Time's Up: NSW Court Of Appeal Reminder About The Importance Of Understanding And Hitting Security Of Payment Deadlines

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Under The Guillotine: Inside A High-Stakes Expert Report Deadline

Australia Litigation

FC

FTI Consulting

Clouds Over Blue Sky: High Court Limits Solicitors' CFOs

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Climate Change Is Local: Court Of Appeal Quashes Coal Mine Consent Extension

Australia Environment

KL

Herbert Smith Freehills Kramer LLP

Valuing "True Value" In Post-Acquisition Disputes

Australia Litigation

FC

FTI Consulting

Fair Work Commission Backs Employee in Remote Work Dispute with Westpac

Australia Employment

M

McCabes

What Happens If… You Are Faced With A Sanctions Issue And Need To Investigate? (Podcast)

Australia International

KL

Herbert Smith Freehills Kramer LLP

New road rules and driving offences come into effect across Australia

Australia Transport

SC

Sydney Criminal Lawyers

ESSENTIAL ESG SPECIAL EDITION - Responsible AI Governance: Emerging Legal Risks And Regulatory Trends

Australia Technology

CC

Corrs Chambers Westgarth

Cyber Security: Two Months In Retrospect (Australia) - August And September 2025

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

Lessons From Lifeplan: How Forensic Experts Bolster Legal Strategy

10 years on, FTI Consulting's work on the Lifeplan Australia Friendly Society Ltd case against two of Lifeplan's former employees and the Ancient Order of Foresters in Victoria Friendly Society Limited still offers rich and relevant insights into the intersection of forensic expert evidence and legal strategy.

Australia Litigation

FC

FTI Consulting

Key Lessons From High Court Trust Litigation: Structuring Family And Business Trusts

In a High Court of Australia decision that concluded an eight-year legal battle, Herbert Smith Freehills Kramer was successful in trust-related litigation that has significant lessons for families...

Australia Litigation

KL

Herbert Smith Freehills Kramer LLP

Case Alert: Repetitious Claims In Adjudication

The South Australian Court of Appeal (Court of Appeal) in Goyder Wind Farm 1 Pty Ltd v GE Renewable Energy Australia Pty Ltd & Ors has delivered a landmark judgment.

Australia Real Estate

KG

K&L Gates LLP

Case Summary – DZY (a pseudonym) v Trustees of the Christian Brothers [2025] HCA 16

Implications of recent decision that considered the relevant provisions of the Limitation of Actions Act.

Australia Litigation

CO

Carroll & O'Dea

Summary judgment and complex cases - what's the point?

Australia Litigation

K

Kennedys

New Jersey Bankruptcy Court Ruling Highlights The Utility Of Chapter 15 In Enforcing Foreign Bankruptcy Court Orders In The United States As A Matter Of Comity

Worldwide Insolvency

JD

Jones Day

ALDI In Two Courts: UK And Australia – Cider And Sweets

Worldwide Litigation

E

ENS

Karpik v Carnival PLC: The Ruby Princess – Anything but smooth sailing

Australia Litigation

M

McCabes

Landmark High Court of Australia decisions change the legal landscape for historical abuse claims

Australia Litigation

K

Kennedys

Case Summary: Health Care Corporation Pty Ltd t/as Wollongong Private Hospital v Cleary (No 2) [2024] NSWCA 94 – the implications of Offers of Compromise & Calderbank offers

Australia Litigation

CO

Carroll & O'Dea

Is An "Unfortunate" Delay An "Unreasonable" Delay?

Australia Government

ML

Moulis Legal

Can Claimants Establish A DBPA Claim Using A Less Stringent Standard Of Proof?

Australia Real Estate

VY

Vincent Young

Liquidator Failing To Syfon Back Third-party Payments

Australia Commercial

VY

Vincent Young

A Landmark Court Of Appeal Case Led By Vincent Young Changes The Operation Of Bank Guarantees In NSW

Australia Real Estate

VY

Vincent Young

Is An "Unfortunate" Delay An "Unreasonable" Delay?

Government delays can be an unfortunate feature of administrative decision-making. Australians and Australian businesses waiting on a government decision, such as a freedom of information ("FOI") request...

Australia Government

ML

Moulis Legal

Can Claimants Establish A DBPA Claim Using A Less Stringent Standard Of Proof?

A recent Court of Appeal case confirms that in relation to a claim under section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBP Act) the Court may assess damages in a robust manner...

Australia Real Estate

VY

Vincent Young

Liquidator Failing To Syfon Back Third-party Payments

In the case of In the matter of Pacific Plumbing Group Pty Limited (in liquidation) [2024] NSWSC 525, the Supreme Court of New South Wales provided helpful insight into what constitutes an unfair preference payment.

Australia Commercial

VY

Vincent Young

A Landmark Court Of Appeal Case Led By Vincent Young Changes The Operation Of Bank Guarantees In NSW

EnerMech Pty Ltd v Acciona Infrastructure Projects Australia Pty Ltd [2024] NSWCA 162 has changed the operation of bank guarantees fundamentally in New South Wales.

Australia Real Estate

VY

Vincent Young

Making A Calderbank Offer: Things To Keep In Mind

Australia Real Estate

VY

Vincent Young

Jarryd Hayne's successful appeal: The reasons for the result

The errors amounted to a miscarriage of justice – quashing the conviction and remitting the matter for redetermination.

Australia Litigation

SC

Sydney Criminal Lawyers

How to get car accident compensation in NSW?

The Motor Accident Injuries Act 2017 governs car accident compensation in NSW.

Australia Litigation

JS

JB Solicitors

Understanding Nominal Defendant compensation claims under South Australia's CTP scheme

How to claim compensation for injuries and/or vehicle damage under the CTP scheme in South Australia.

Australia Insurance

MO

Mellor Olsson Lawyers

Recent Court of Appeal decision concerning claims against insurers where causation was an issue

Recent decision discusses causation principles when the actions of two or more parties are alleged to have contributed to the loss.

Australia Litigation

HW

Holman Webb Lawyers

Case summary: Mandoukos v Allianz Australia Insurance Limited [2024] NSWCA 71 – the importance of clearly defining the medical dispute between parties

Australia Litigation

CO

Carroll & O'Dea

To appeal or to extradite: UK courts set to decide on the Assange extralegal show trial

Australia Media & IT

SC

Sydney Criminal Lawyers

Case summary – Historical child abuse - Trustees of the Christian Brothers v DZY (a pseudonym) [2024] VSCA 73

Australia Law Practice

CO

Carroll & O'Dea

Case Summary: Allianz Australia Insurance Limited v Yu [2024] NSWSC 31 – Insurer recovers compensation after false & misleading representations

Australia Insurance

CO

Carroll & O'Dea

Recent Changes to the National Redress Scheme for Victims of Child Sexual Abuse

Australia Litigation

CO

Carroll & O'Dea

Weight of expert evidence reduced due to reliance on a party's account, instead of specialised knowledge

Australia Litigation

E

ExpertsDirect

A guide to navigating the AAT appeal process

Australia Litigation

RC

Rostron Carlyle Rojas

Navigating legal costs – understanding No Win No Fee in your personal injury claim in NSW

Australia Litigation

CO

Carroll & O'Dea

Case Summary – Negligence and Duty of Care - Bondi Beach Foods Pty Ltd v Chadwick [2023] NSWCA 265

Australia Litigation

CO

Carroll & O'Dea

Has The Right Of Carriageway Been Abandoned?

Australia Real Estate

VY

Vincent Young

Aviation injuries and accidents: Personal injury compensation

Australia Transport

CO

Carroll & O'Dea

What is a claim for medical negligence? An easy guide for Tasmanians

Australia Healthcare

CO

Carroll & O'Dea

Birth trauma compensation claims: A guide for parents

Australia Healthcare

P

Polaris Lawyers

Assange appeals for his life, global press freedoms and international justice

Australia Media & IT

SC

Sydney Criminal Lawyers

‘The Idea of Perfection' – when is your administrative decision truly complete?

Australia Government

HR

Holding Redlich

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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] Appeals: When is a trial judge wrong?

LT

Level Twenty Seven Chambers

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

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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