Forum non conveniens in Australia: a comparative analysis

Gray, Anthony (2009) Forum non conveniens in Australia: a comparative analysis. Common Law World Review, 38 (3). pp. 207-244. ISSN 1473-7795

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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.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Published version deposited in accordance with the copyright policy of the publisher (Vathek Publishing).
Depositing User: Dr Anthony Gray
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 01 Apr 2010 01:25
Last Modified: 07 Jul 2014 05:13
Uncontrolled Keywords: forum non conveniens, Voth, Spiliada, Oceanic, International Shoe, Gulf Oil, clearly inappropriate forum, more appropriate forum
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180107 Conflict of Laws (Private International Law)
Socio-Economic Objective (SEO2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940406 Legal Processes
URI: http://eprints.usq.edu.au/id/eprint/6524

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