Litigation Archives : Koffels Solicitors and Barristers

This section contains articles relating to litigation processes within the Australian civil justice system.

The content published here may address court procedures, legal principles, and developments relevant to civil litigation, including matters arising from institutional abuse, personal injury, and other complex disputes.

Articles in this category are intended to help readers understand how litigation works in practice, what different stages of a proceeding may involve, and how courts approach the resolution of contested matters.

The information is provided for general understanding and context, recognising that litigation can be a complex and lengthy process, particularly in matters involving historical events or institutional responsibility.

Litigation

Institutional Abuse Law in 2026: Key Legal Trends and Emerging Challenges

As 2026 approaches, institutional abuse law is entering a period of profound change. This analysis explores evolving liability principles, preventative duties, online risk and sector-wide reform shaping accountability in the year ahead.

Commercial

Grok, X and AI Generated Sexual Abuse

As Elon Musk’s AI chatbot Grok is rolled out through X, regulators are once again forced too confront unresoled questions about platform responsibility, AI-generated misinformation, and legal accountability.

Litigation

Key 2025 Reforms in Child Abuse Law

2025 was a transormative year for the law in the context of institutional child abuse. In particular, it marked a shift away from symbolic recongition and towards survivor-centred justice. It was also tested by the emergence of new risks and challenges.

Litigation

Victoria Introduces Bill to Overturn Bird v DP

The Victorian government is seeking to overturn the High Court’s decision in Bird v DP which held that instituions cannot be held vicariously liable for individuals who are not technically employees.

Litigation

Roblox and Child Exploitation: The Legal Risks in the Digital Playground

Once marketed as a safe space for play, Roblox is now at the centre of worldwide investigations into child exploitation and online grooming. In the US, lawsuits allege systemic safety failures, whilst in Australia the incoming under-16 social-media is forcing lawmakers and regulators ot consider how far should the law go to make digital playgrounds truly safe?

Litigation

ADF Class Action: Exposing Decades of Abuse and Neglect

A major class action against the Commonwealth alleges that decades of abuse within the Australian Defence Force were the result of systemic cultural failures not isolated misconduct. The litigation argues that the ADF breached its duty to protect members from forseeable harm, and has the potential to reshape the landscape of institutional accountability within Australia.

Litigation

Pope Leo XIV Meets Abuse Survivors – Confronting Abuse Within the Catholic Church

The Catholic Church grapples with decades of abuse scandals. Pope Leo XIV’s reforms and Australia’s legal response signal a new era of accountability and survivor-led change.

Litigation

The Legal Test Ahead for Australia’s Under-16 Social Media Ban

From December 2025, Australia mandates social media age restrictions to protect children from online harms like exploitation, amid rising reports and challenges in enforcement, privacy, and AI-generated abuse content. A crucial step with complex implications.

Litigation

Beyond Bird v DP: How ACT Reforms Challenge Instituitonal Immunity

Nearly a decade after the Royal Commission exposed systemic abuse across Australia’s institutions, survivors continue to face formidable legal barriers. The High Court’s decision in Bird v DP (2024) has reignited debate over institutional accountability, prompting the ACT to lead a new wave of reform.