Harmonisation of the Forum Conveniens Tests in Australian and Trans-Tasman Proceedings: A Discussion Paper

A consultation paper for the Commonwealth Attorney-General's Department Standing Committee on Law and Justice, Australian Government, 2013

Sydney Law School Research Paper No. 13/26

17 Pages Posted: 10 Apr 2013

See all articles by Andrew Dickinson

Andrew Dickinson

University of Oxford - Faculty of Law; University of Oxford

Date Written: April 4, 2013

Abstract

This discussion paper, written as part of the ongoing consultation by the Commonwealth Attorney-General’s Department in relation to the possible reform of Australia’s private international law rules (and available also on the consultation website), considers whether the statutory tests applied by Australian courts in deciding whether decline jurisdiction in favour of another Australian court on what may broadly be described as “appropriate forum” (forum conveniens) grounds, should be harmonised with the newly adopted regime in Part 3 of the Trans-Tasman Proceedings Act 2010 (Cth) governing decisions to decline jurisdiction in favour of a court in New Zealand. The creation of a harmonised forum conveniens regime for all Australian and Trans-Tasman cases has been put forward as one element of the broader review of rules of jurisdiction, choice of court and choice of law rules mandated by the Standing Committee on Law and Justice in its meeting held on 12-13 April 2012.

Keywords: Private international law, Jurisdiction, Stay of proceedings, Forum conveniens, Intra-Australian cases, Jurisdiction of Courts (Cross-Vesting) Acts, Service & Execution of Process Act 1992 (Cth) Trans-Tasman Proceedings Act 2010, Commonwealth Attorney-General, Standing Committee on Law & Justice

JEL Classification: K10, K30

Suggested Citation

Dickinson, Andrew, Harmonisation of the Forum Conveniens Tests in Australian and Trans-Tasman Proceedings: A Discussion Paper (April 4, 2013). A consultation paper for the Commonwealth Attorney-General's Department Standing Committee on Law and Justice, Australian Government, 2013; Sydney Law School Research Paper No. 13/26. Available at SSRN: https://ssrn.com/abstract=2244679

Andrew Dickinson (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

University of Oxford ( email )

Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom

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