PILA Notes

Description

List of topics covered: (Note - 3 main sections) JURISDICTION TOPICS 1. Introduction and personal jurisdiction 2. Service in New Zealand and outside Australia 3. Discretionary non-exercise of jurisdiction I - Foreign Jurisdiction Clauses 4. Discretionary non-exercise of jurisdiction II - clearly inappropriate forum 5. Discretionary non-exercise of jurisdiction III - Intra Australian cases, and Trans Tasman Proceedings 6. anti-suit injunctions APPLICABLE LAW TOPICS 7. General Applicable law topics (characterisation & renvoi) 8. Proper Law & The Lex fori - substance and procedure 9. Ascertainment of foreign law 10. The law applicable to torts 11. Exclusion of foreign law - exclusionary rules 12. The law applicable to contracts 13. Illegality and foreign public policy & Mandatory Rules and forum statutes ENFORCEMENT TOPICS 14. Recognition and enforcement of foreign judgements I - enforcement at common law 15 Recognition and enforcement of foreign judgements II - Foreign Judgements Act Note - No week 5 in notes (as we had a reading week/study break).