Entries by James McComish

Non-Justiciability and Political Questions in Australia

/in /by

An interesting divided judgment of the Full Court of the Federal Court of Australia has considered the non-justiciability of political questions and the decision in Buttes Gas [1982] AC 888. The appellant was a PNG national who sought joinder as a party to an Australian native title claim over an area in the Torres Strait […]

Choice of Law and Contribution Claims in Australia

/in /by

The Supreme Court of Victoria has recently addressed the choice of law implications of claims for contribution within the Australian federal context. The decision will be of particular interest to UK readers. The Victorian contribution statute under consideration, Part IV of the Wrongs Act 1958 (Vic), is materially identical to the Civil Liability (Contribution) Act […]

Setting Aside Foreign Judgments in Australia

/in /by

A recent judgment of the Supreme Court of South Australia provides a useful summary of the Australian common law authorities about when the enforcement of a foreign judgment can be set aside.  The judge concluded:  a foreign judgment is only binding and conclusive so long as it stands.  A corollary of this principle is that […]

The Mozambique Rule and IP Rights in New Zealand

/in /by

In a recently reported judgment, McKenzie J of the High Court of New Zealand has held that the New Zealand courts can exercise jurisdiction over claims for the infringement of foreign copyright, at least where the defendant is served within the jurisdiction and where the existence and validity of the foreign copyright is undisputed. The […]

Australian Article on Enforcing a Judgment on a Judgment

/in /by

P St J Smart (University of Hong Kong) has written an article in the latest Australian Law Journal (2007 vol 81, p 349) on the question of whether an Australian court may enforce a foreign judgment which is itself founded upon the judgment of another, different foreign court. The abstract continues: The enforceability of a […]