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46 S. C. L. Rev. 899 (1994-1995)
Choice-of-Law Rules and Forum Shopping in Australia

handle is hein.journals/sclr46 and id is 915 raw text is: Choice-of-Law Rules and Forum Shopping in Australia Peter Nygh I. INTRODUCTION .................................. 899 I. CHOICE OF FORUM .......................... 902 A. Jurisdiction Based on Service Within Territory ......... 902 B. Jurisdiction Based on Interstate Service Under the Service and Execution of Process Act 1992 . .. 903 C. The Cross-vesting Legislation ................... 905 1. Change of Venue under the Cross-vesting Scheme .... 907 D. Diversity Jurisdiction ....................... 909 III. CHOICE OF LAW ............................ 911 A. Choice of Law in Jurisdiction Based on Service of Process ....................... 911 B. Choice of law in Cross-vested Jurisdiction .......... 913 C. Choice of Law in Diversity Jurisdiction ............. 916 D. The Proposals of the Australian Law Reform Commission 918 1. The Rule in Phillips v. Eyre ................. 918 2. Procedure ............................ 919 IV. CONCLUSION .............................. 920 I. INTRODUCTION Australia, like the United States and Canada, is a federation of six states and two self-governing territories' that have been left with considerable autonomy to regulate private law. Unlike the United States and Canada (if one can still include Quebec), Australia has the advantage of a shared common law subject to the interpretation of the one supreme court, the High Court of Australia. As the Australian Law Reform Commission remarked in its report on choice of law: The main scope for conflict within Australia arises in respect * Professor of Law, Bond University, Queensland, Australia. 1. I am not considering either the non selfgoverning Jervis Bay Territory and its three hundred inhabitants situated some two hundred kilometers south of Sydney (which for practical purposes is part of the Australian Capital Territory) or the three inhabited external territories of Christmas Island, the Cocos (Keeling) Islands, and Norfolk Island. So far these territories have not raised any conflict of laws problems although Norfolk Island might offer some interesting antiques for the discriminating forum shopper.

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