Forum non conveniens in Australia: a comparative analysis
Article
Article Title | Forum non conveniens in Australia: a comparative analysis |
---|---|
ERA Journal ID | 33206 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | Common Law World Review |
Journal Citation | 38 (3), pp. 207-244 |
Number of Pages | 38 |
Year | 2009 |
Place of Publication | Isle of Man |
ISSN | 1473-7795 |
1740-5556 | |
Abstract | This paper explores the doctrine of forum non conveniens and its use throughout the common law world by a court to refuse to exercise jurisdiction that is otherwise properly enacted. It considers that the current Australian law, which focuses on a 'clearly inappropriate forum' test, is out of step with other common law jurisdictions, and that the Australian law in this area should be reformed. Such an approach is anachronistic in a globalised market for legal services, tends to reward forum shoppers, and is inconsistent with the High Court of Australia's development of choice of law rules in recent years. |
Keywords | forum non conveniens, Voth, Spiliada, Oceanic, International Shoe, Gulf Oil, clearly inappropriate forum, more appropriate forum |
ANZSRC Field of Research 2020 | 480303. Conflict of laws (incl. private international law) |
Public Notes | File reproduced in accordance with the copyright policy of the publisher/author. |
Byline Affiliations | School of Law |
https://research.usq.edu.au/item/9z6q0/forum-non-conveniens-in-australia-a-comparative-analysis
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