In recent months, Australian courts have been subject to numerous adjournment applications based on the impacts of the COVID-19 pandemic. In some of these applications, the principal reason for the adjournment has been complications concerning witnesses who are residents of and located in the People’s Republic of China (China). In this article we will discuss …
Category Archives: Cross-border disputes
Overview of Australia’s Court system
Federal Courts High Court of Australia The High Court of Australia is the highest Court in the Australian Court hierarchy. It is the final Court of Appeal in Australia. It hears matters involving disputes about the interpretation of the Australian Constitution as well as final appeals of criminal and civil matters from all Courts in …
Overview of Australia’s regulatory framework
Business dealings in Australia are controlled by a large number of regulators. These regulatory bodies have jurisdiction at both the Federal and State level. Australia’s regulators have a broad remit to oversee the conduct of businesses in a wide range of sectors, from financial services to energy infrastructure. Australia’s corporate regulators are creatures of statute. …
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Recovering a debt owed by an Australian company
A creditor that has the benefit of a debt of at least A$2,000 may serve a statutory demand on the debtor company. A statutory demand is a formal demand for payment under the Corporations Act 2001 (Cth). The demand must be for over A$2,000. Once a statutory demand has been validly served on a company, …
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Service of a foreign originating process in Australia under the Hague Service Convention
Australia is a party to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965 (Hague Service Convention). Where a foreign country is also a party to the Hague Service Convention, service of a foreign originating process in Australia can be undertaken in accordance with the Convention. …
Challenging the jurisdiction of Australian Courts
Civil proceedings are commenced in Australian Courts by way of the filing and service of an originating process, typically being either a Statement of Claim or Summons. Once served with a Statement of Claim or Summons, a defendant’s solicitor will usually file an Appearance. An Appearance should be filed within 28 days of the Statement …
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Obtaining evidence for use in foreign proceedings
How is evidence from a cooperating witness obtained in Australia? Evidence should be taken in a manner that is consistent with the procedural and evidentiary rules of both the local jurisdiction and the Australian jurisdiction for which the evidence is required. Can evidence be given by video or audio link? Evidence can be taken by …
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Enforcement of Australian judgments overseas
The circumstances in which an Australian judgment will be enforceable in an overseas jurisdiction will vary depending on the laws of the local country. Where Australia has a reciprocal arrangement with the local country, then enforcement of the Australian judgment will be more straightforward. Generally, for an Australian judgment to be enforced overseas it must: …
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Enforcing New Zealand judgments in Australia
Judgment criteria The registration regime for the enforcement of New Zealand judgments in Australia is contained in Part 7 of the Trans-Tasman Proceedings Act 2010 (Cth). The types of New Zealand judgments that can be enforced in Australia are broad and include the following: (a) money judgments;(b) non-money judgments;(c) judgments in criminal proceedings that involve …
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Enforcing foreign judgments in Australia
There are two ways of enforcing foreign judgments in Australia: under a statutory scheme and under common law principles. The statutory regime is more straight-forward and cost effective. Countries to which the statutory scheme applies The Foreign Judgments Act 1991 (Cth) provides a statutory scheme for the recognition and enforcement of foreign judgments in Australia. …
Encouraging signs for reciprocal recognition of foreign judgments involving Chinese courts
In a recent Australian court decision, a judgment made by a Chinese court has been recognised and enforced in Australia. This decision, combined with two other Australian court decisions recognising Chinese judgments, could open doors for those holding Australian judgments to seek to enforce their judgment against judgment debtors in mainland China. We recently published …
Anonymous reviewer cannot hide behind international borders
[vc_row][vc_column][vc_column_text]In Kabbabe v Google LLC,[1] the Federal Court of Australia recently granted leave to a prospective applicant, Matthew Kabbabe, to serve an originating application seeking preliminary discovery on Google in California, USA. Mr Kabbabe intends to bring defamation proceedings against an anonymous reviewer who posted an allegedly defamatory review regarding Mr Kabbabe’s dental practice on …
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