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The cases all deal with an issue that arises when seeking interlocutory injunctions: will damages be an adequate remedy?

In Australia’s heavily regulated economy, companies are increasingly the subject of the coercive information-gathering powers of regulators. The power of regulators to issue notices for the purpose of gathering information raises numerous important compliance issues for companies. Freehills has recently provided a submission to the Administrative Review Council (ARC) on a draft report which considers the need for reform in this area.

Welcome to Litigation Notes, our litigation know-how update where you will find the latest developments on commercial litigation topics from HSF Kramer’s Australian practice.

Discussion about recent decision in relation to a Cultural Heritage Management Plan and the status of an endorsed party.

The Supreme Court of NSW has dismissed negligence claim for defective works by an owners corporation against a builder.

In the recent matter of Gutnick v Indian Farmers Fertiliser Cooperative Ltd [2016] VSCA 5, the Victorian Court of Appeal enforced a Singapore arbitration award against Mr Gutnick and his company...

On 18 March 2026, the Australian High Court delivered judgment in SunshineLoans Pty Ltd v Australian Securities and Investments Commission [2026] HCA 8.

The operation of independence in relation to privilege is uncertain due to different approaches by courts at first instance.

Jandson Pty Limited v Welsh [2008] NSWCA 317: The majority of the NSW Court of Appeal upheld the trial judge's findings in favour of the plaintiff on the basis that the absence of visual cues to the change in levels in a display house constituted a not insignificant risk of injury.

It is imperative that pre-filing statement and defence are properly pleaded based upon what is known at the time.

A local government may rely upon section 5Z of the CLA 2002 as long as it has no actual knowledge of the particular risk.

Litigation funding is a growth industry, but its capacity to grow is limited by the rule forbidding a third party from maintaining litigation unless it has a real or bona fide interest in the litigation. recent decision suggests courts will adopt a liberal approach to determining what constitutes a real or bona fide interest.

The Supreme Court of Tasmania examined whether a general practitioner breached her duty of care by failing to diagnose or refer for investigation symptoms that were later identified as multiple sclerosis. The case explores the challenge of identifying serious neurological disease when symptoms present gradually over time and appear non-specific, while reinforcing that medical standards are assessed based on information available at the time rather than hindsight.

The article explains a public liability claim in NSW, eligibility for such a claim and how you might be compensated.

On 14 March 2001, the appellant was involved in a road traffic accident which left him with a number of physical and psychological injuries. The appellant instructed solicitors (‘Kirwans’) to act for him.

This was an appeal against the decision to approve an application for a development permit for 11 multi-unit dwellings.

If you have ever litigated, you may have received a Calderbank Offer. The Calderbank Offer may have prompted you to question whether a bad settlement is better than pursuing a costly trial and the risks of losing the case and paying costs on an indemnity basis.