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Australia’s statutist orthodoxy: High Court confirms the extraterritorial scope of the Australian Consumer Law in the Ruby Princess COVID-cruise case
The Ruby Princess will be remembered by many Australians with disdain as the floating petri dish that kicked off the spread of COVID-19 in Australia. The ship departed Sydney on 8 March 2020, then returned early on 19 March 2020 after an outbreak. Many passengers became sick. Some died. According to the BBC, the ship was ultimately linked to at least 900 infections and 28 deaths.
The jurisdictional hurdles of s 26 of the Trans-Tasman Proceedings Act 2010 (Cth), in the context of interim anti-enforcement relief in aid of New Zealand proceedings
The New Zealand High Court recently granted a permanent anti-enforcement injunction in relation to a default judgment from Kentucky in Kea Investments Ltd v Wikeley Family Trustee Limited [2023] NZHC 3260. The plaintiff, a British Virgin Islands company, claimed that the defendants had committed a tortious conspiracy against it because the Kentucky default judgment was based on fabricated claims intended to defraud it. The defendants were a New Zealand company, Wikeley Family Trustee Ltd (WFTL), and persons associated with the company.
In an undefended judgment, the High Court granted the injunction, awarded damages for the costs incurred in the foreign proceedings (referring to cases such as Union Discount Co Ltd v Zoller [2001] EWCA Civ 1755, [2002] 1 WLR 1517 by analogy), and issued a declaration that the Kentucky judgment would not be recognised or enforceable in New Zealand. As noted previously on this blog (see here), the case is an interesting example of “the fraud exception to the principles of comity” (Kea Investments Ltd v Wikeley (No 2) [2023] QSC 215 at [192]).
Second Act in Dutch TikTok class action on privacy violation: court assesses Third Party Funding Agreements
Written by Eduardo Silva de Freitas (Erasmus University Rotterdam), Xandra Kramer (Erasmus University Rotterdam/Utrecht University) & Jos Hoevenaars (Erasmus University Rotterdam), members of the Vici project Affordable Access to Justice, financed by the Dutch Research Council (NWO), www.euciviljustice.eu.
Introduction
Third Party Litigation Funding (TPLF) has been one of the key topics of discussion in European civil litigation over the past years, and has been the topic of earlier posts on this forum. Especially in the international practice of collective actions, TPLF has gained popularity for its ability to provide the financial means needed for these typically complex and very costly procedures. The Netherlands is a jurisdiction generally considered one of the frontrunners in having a well-developed framework for collective actions and settlements, particularly since the Mass Damage Settlement in Collective Actions Act (WAMCA) became applicable on 1 January 2020 (see also our earlier blogpost). A recent report commissioned by the Dutch Ministry of Justice and Security found that most collective actions seeking damages brought under the (WAMCA) have an international dimension, and that all of these claims for damages are brought with the help of TPLF.
News
Out Now: Elgar Concise Encyclopedia of International Commercial Arbitration
Despite all recent efforts from the HCCH 2019 Judgments Convention to the founding of International Commercial Courts (ICC) promoting the attractiveness of court litigation, the most favoured method for resolving international disputes in civil and commercial matters, without a single doubt, remains arbitration. According to the 2025 QMUL International Arbitration Survey an overwhelming majority of respondents (87%) would choose international arbitration either as a standalone mechanism (39%) or in combination with other mechanisms of alternative dispute resolution (48%). Read more
Mediating Across Borders: A Guide to Cross-Border Family Dispute Resolution by Costanza Honorati and Ester di Napoli
In response to the growing complexity of cross-border family disputes – driven by increasing mobility and evolving family configurations – the recently published Guida alla mediazione familiare internazionale in materia di responsabilita genitoriale e sottrazione internazionale di minori, authored by Costanza Honorati and Ester di Napoli (Pacini Editore, 2025; available online in open access, in Italian), offers a rigorous and thematically cohesive guide to the law and practice of cross-border family mediation. Grounded in both European and multilateral legal instruments, the volume brings together doctrinal precision, procedural clarity, and practical insight, establishing itself as an essential reference for legal practitioners, judges, mediators, and scholars navigating the intricate terrain of cross-border family justice. Read more
[OUT NOW] Yeshniyazov and Abdel Mottaleb on Kazakhstan, in International Encyclopaedia of Laws – Private International Law (Kluwer Law International)
Private international law in post-Soviet Central Asian countries is clearly underrepresented in the literature, despite the fact that countries such as Kazakhstan and Uzbekistan have fairly detailed legislation on international jurisdiction, applicable law, and the enforcement of foreign judgments. (For a general overview of Kazakhstan, see the entry on the country in J. Basedow et al. (eds), Encyclopedia of Private International Law, Vol. III (Edward Elgar), p. 2229, and the English translation of the relevant provisions in Vol. IV, p. 3358.) Read more