Australia’s legal system: an overview for international litigation
This article is part of our comprehensive resource, Litigation in Australia: a practical guide for global businesses and counsel. Download the full guide to access all insights. Need to know Australian law stems from statute and common law. The High Cort of Australia is the nation’s superior court, with federal and state courts addressing different […]
Key stages of litigation in Australia
This article is part of our comprehensive resource, Litigation in Australia: a practical guide for global businesses and counsel. Download the full guide to access all insights. Need to know Australian courts encourage alternative dispute resolution (ADR) and may require genuine steps be taken before proceedings begin. Legal proceedings usually follow stages of pleadings, evidence, […]
Enforcement of orders using court processes
This article is part of our comprehensive resource, Litigation in Australia: a practical guide for global businesses and counsel. Download the full guide to access all insights. Need to know There are various enforcement options available according to the objectives and assets. Australia follows international arbitration laws, making it a pro-arbitration jurisdiction where foreign and […]
Class actions
This article is part of our comprehensive resource, Litigation in Australia: a practical guide for global businesses and counsel. Download the full guide to access all insights. Need to know Class actions in Australia use an opt-out model binding non-opted members to outcomes. They are heard in federal or state supreme courts. Court approval is […]
Alternatives to litigation
This article is part of our comprehensive resource, Litigation in Australia: a practical guide for global businesses and counsel. Download the full guide to access all insights. Need to know Alternative dispute resolution (ADR) methods in Australia include mediation, arbitration, expert determination, and dispute boards. Courts encourage parties to attend mediation or identify questions early which […]
Regulatory processes and investigations
This article is part of our comprehensive resource, Litigation in Australia: a practical guide for global businesses and counsel. Download the full guide to access all insights. Need to know ASIC and the ACCC are key commercial regulators with broad powers to investigate and enforce laws on competition, consumer protection, and financial markets. ASIC and the […]
Costs of litigation
This article is part of our comprehensive resource, Litigation in Australia: a practical guide for global businesses and counsel. Download the full guide to access all insights. Need to know The unsuccessful party usually pays a portion (50%-75%) of the successful party’s legal costs. Indemnity costs (~90%) may be awarded for misconduct or unreasonable behaviour in […]
Litigation in Australia
Disputes are an inevitable part of doing business, especially across borders. Understanding Australia’s litigation landscape gives future-focused businesses the edge to respond with speed and confidence. Our guide explores the key stages of litigation in Australia, from early strategy to trial and enforcement, offering strategic insights to help you mitigate risk, resolve disputes efficiently, and […]