Forum non conveniens in Australia: a comparative analysis

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.