Arbitration

Thomson Geer Arbitration Review July 2025

August 1, 2025

Welcome to Thomson Geer's July 2025 Arbitration Review.

It provides an overview of the key developments in arbitration practice and procedure since January 2025, both within Australia and in the broader Asia-Pacific region. We also bring you news from further afield, including observations on the findings of Queen Mary University of London International Arbitration Survey Report 2025.

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Construction

Abuse of process in first-of-its-kind case in Western Australia sees statutory demand set aside

Thomson Geer has successfully had a statutory demand against a client set aside in a first-of-its-kind judgment in Western Australia that considered the interaction between the provisions of the Building Industry (Security of Payments) Act 2021 (WA) with the statutory demand process under the Corporations Act 2001 (Cth).

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Construction

Adelaide Airport takes off on A$600M capital works program with Thomson Geer support

Thomson Geer congratulates Adelaide Airport on announcing its latest A$600 million capital works program 'Project Flight'.

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Media

Thomson Geer leads Nine Entertainment Co to landmark defamation win

Thomson Geer has led major Australian media company Nine Entertainment Co to a landmark defamation win that saw Australia's "public interest" defence for journalists successfully applied for the first time.

Intellectual Property

The conflict between regulating AI and reaping its rewards: New Productivity Commission interim report released

The rapid rise of artificial intelligence has sparked growing debate around the unauthorised use of copyright works to train AI datasets.

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M&A and Capital Markets

Thomson Geer advises Orezone Gold Corp on ASX dual listing

Thomson Geer has advised West African gold miner Orezone Gold Corporation on its recent dual listing on the Australian Securities Exchange, raising A$75 million in an underwritten IPO and giving it a market capitalisation of more than A$680 million.

Class Actions

High Court rules against solicitor common fund orders in Federal Court class actions in NSW

In Kain v R&B Investments Pty Ltd, the High Court has ruled that the Federal Court does not have the power to make "solicitors' common fund orders" (which facilitate remuneration of plaintiff lawyers by reference to the amount of damages or settlement) in class actions in New South Wales where solicitors are subject to the Legal Profession Uniform Law (NSW), which prohibits such contingency fees.

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