Views
Clearly Inappropriate Down Under: Isaacman v King [No 2] and the Outer Limits of Long-Arm Jurisdiction
By Dr Sarah McKibbin, University of Southern Queensland
The Supreme Court of New South Wales’ decision in Isaacman v King [No 2][1] is the kind of case that tempts one to say ‘nothing to see here’, and yet it richly rewards a closer look. On a conventional application of Voth v Manildra Flour Mills[2] — the leading Australian authority on forum non conveniens — Garling J stayed proceedings that attempted to litigate a New York relationship dispute in Sydney, being ‘well satisfied’ that the NSW Supreme Court was a clearly inappropriate forum.[3] The reasons, though brief by design,[4] illuminate the transaction costs of jurisdictional overreach,[5] show how the Voth framework handles an extreme set of facts, and offer a careful case study for empirical debates about Australian ‘parochialism’ in jurisdictional decision-making. Read more
Indonesian Constitutional Court on International Child Abduction
THE INDONESIAN CONSTITUTIONAL COURT DECISION REAFFIRMED PARENTAL CHILD ABDUCTION IS A CRIMINAL OFFENCE
By: Priskila Pratita Penasthika[1]
INTRODUCTION
The Indonesian Constitutional Court Decision Number 140/PUU-XXI/2023, issued on 3 September 2024, confirms that parental child abduction is a criminal offence under Article 330(1) of the Indonesian Criminal Code. Prior to this Decision, Article 330(1) of the Criminal Code was understood as a provision that could not criminalise someone for child abduction if the abduction was committed by one of the biological parents.
After 3 September 2024, through this Constitutional Court Decision, the abduction of a child by one of the biological parents, when the parent does not have custody based on a final court decision, is reaffirmed as a criminal offence. Read more
The 2025 International Arbitration Survey: The Path Forward
“The 2025 International Arbitration Survey: The Path Forward”
Luke Nottage (University of Sydney)
The 14th Queen Mary University of London Survey, again in collaboration with international law firm White & Case, was dissected at an Australian launch seminar (expertly moderated by partner Lee Carroll) at their Melbourne office on 22 July 2025. Some “early insights” had been provided during Paris Arbitration Weeks, when the Survey report was not yet public. This analysis delves deeper into the report and key findings, drawing also on the discussion with our co-panellists, including some suggestions for future research.
News
Border Control & Migration: Safeguarding Fundamental Rights in the Age of Artificial Intelligence
You are invited to the next Migration Talk organized by the Jean Monnet Chair in Legal Aspects of Migration Management in the European Union and in Türkiye by Leyla Kayac?k (Human Rights Expert/ Council of Europe Former Special Representative of the Secretary General on Migration and Refugees) on “Border Control & Migration: Safeguarding Fundamental Rights in the Age of Artificial Intelligence”.
Venue: Online via Zoom
Date: 17 December 2025, Wednesday
Time: 12:30 – 13:20 (UTC +3)
The Zoom link shall be provided upon request: migration@bilkent.edu.tr
Esplugues on New Dimensions in the Application of Foreign Law by Courts (and Arbitrators) and Non-Judicial Authorities
The issue of “foreign law” and its application, long considered essential to the functioning of private international law (PIL), continues to trigger interesting discussions and debates. Read more
The Procedural Law Unit at the University of Nicosia’s 5th Annual Symposium and JIWP 2025 Conference: “Judicial Independence and Liberal Democracy Under Threat: The Challenge of Implementing the ELI Mt Scopus Standards on Judicial Independence”
A symposium on “Judicial Independence and Liberal Democracy Under Threat: The Challenge of Implementing the ELI Mt Scopus Standards on Judicial Independence” will take place from 10 to 12 December 2025 at the University of Nicosia. The event is organised by the Procedural Law Unit in cooperation with the International Association of Judicial Independence and World Peace (JIWP) and will be held at the UNESCO Amphitheatre.
