Gray, Anthony 
ORCID: https://orcid.org/0000-0001-9565-475X
(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). |
| Faculty/School / Institute/Centre: | Historic - Faculty of Business - School of Law (1 Apr 2007 - 31 Dec 2010) |
| Faculty/School / Institute/Centre: | Historic - Faculty of Business - School of Law (1 Apr 2007 - 31 Dec 2010) |
| 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 (2008): | 18 Law and Legal Studies > 1801 Law > 180107 Conflict of Laws (Private International Law) |
| Fields of Research (2020): | 48 LAW AND LEGAL STUDIES > 4803 International and comparative law > 480303 Conflict of laws (incl. private international law) |
| Socio-Economic Objectives (2008): | 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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