Views
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
New Journal: Perspectives contentieuses internationales (PCI)
The following announcement was kindly shared with us by Fabienne Jault-Seseke
Created with the support of LexisNexis, the Review Perspectives contentieuses internationales (PCI) is a biannual academic journal dedicated to the globalization of international litigation in both its public and private aspects. Each issue features a thematic dossier, complemented by several articles outside the main topic (Varia), as well as brief focus pieces addressing current events relevant to political or regulatory developments impacting international disputes (Focus).
The editorial committee, which ensures the scientific and operational direction of the Review, is composed of Sandrine Clavel, Patrick Jacob, and Fabienne Jault-Seseke (professors at Université Paris-Saclay, UVSQ).
Three issues have already been published and are available open access.
Out Now (Open Access): Heiderhoff/Queirolo (eds), EU and Private International Law: Oper Questions in Family Law, Contracts, and Torts
A new volume coming out of the Programme in European Private Law for Postgraduates (PEPP) has just been published as part of the Scritti di diritto privato europeo ed internazionale series.
The table of contents can be found here; the full volume is available open access here.
HCCH Monthly Update: July 2025
Conventions & Instruments
On 1 July 2025:
- The 2019 Judgments Convention entered into force for the United Kingdom. At present, 33 HCCH Members are either bound by the 2019 Judgments Convention or a Contracting Party for which the Convention has not entered into force yet (Albania, Andorra, and Montenegro). More information is available here.
- The 1996 Child Protection Convention entered into force for El Salvador. The Convention currently has 57 Contracting Parties. More information is available here.
- The 2007 Child Support Convention entered into force for Colombia. At present, 55 States and the European Union are bound by the 2007 Child Support Convention. More information is available here.
- The 2005 Choice of Court Convention entered into force for Bahrain. At present, 37 States and the European Union are bound by the 2005 Choice of Court Convention. More information is available here.
On 5 July 2025, the 1970 Evidence Convention entered into force for the Philippines. The Convention currently has 69 Contracting Parties. More information is available here.
On 24 July 2025, the Republic of Moldova acceded to the 1970 Evidence Convention. The Convention currently has 69 Contracting Parties. More information is available here.
Publications
On 22 July 2025, the Permanent Bureau announced the publication of the fifth editions of the Practical Handbooks on the Operation of the 1965 Service and 1970 Evidence Conventions. Incorporating recent developments, court decisions, and practical examples provided by experts from around the world, as well as updates from the meeting of the Special Commission held in July 2024, the fifth editions of the Handbooks are essential resources for anyone involved in the implementation and operation of the 1965 Service and 1970 Evidence Conventions. More information is available here.
Meetings & Events
On 10 July 2025, the Permanent Bureau of the HCCH and the Asian Business Law Institute co-hosted the webinar “Cross-border Commercial Dispute Resolution – Electronic Service of Documents and Remote Taking of Evidence”. More information is available here.
On 11 July 2025, the first meeting of the Working Group dedicated to the Model Forms for Chapter II of the 1970 Evidence Convention was held online, hosted by the Permanent Bureau. More information is available here.
Other Developments
On 9 July 2025, the premises of the HCCH’s Regional Office for Africa, hosted by the Kingdom of Morocco, were officially opened in Rabat. More information is available here.
On 10 July 2025, the Permanent Bureau of the HCCH announced several developments with regard to the HCCH’s International Child Abduction Database (INCADAT), including the launch of its new notification service. More information is available here.
These monthly updates are published by the Permanent Bureau of the Hague Conference on Private International Law (HCCH), providing an overview of the latest developments. More information and materials are available on the HCCH website.