VIC Supreme Court Writ for foreign company

[mkbond2008]

Hi all,

Just wondering if it is possible to draft the statement of claim against a foreign company with Form 5A via the Supreme Court in Victoria.

Thanks.

 

[Tim W]

Is the SCV the right venue for what you're after?

You said they are a "foreign company", so
is there any basis for them to receive service here?

 

[Rod]

It depends. Sometimes yes, sometimes no.

Much depends on what you are claiming and where relevant events took place. Can be difficult working out the proper venue in contracts cases.

 

[Tim W]

Can be difficult working out the proper venue in contracts cases.

There is also often a thing called a Choice of Law clause.
This is a term of the contract which specifies in which jurisdiction an action can be brought.

 

[Rod]

This is a term of the contract which specifies in which jurisdiction an action can be brought.

I have wondered about the enforceability of these clauses in commercial contracts.

The burden is on the defendant to show that the Australian court in which the plaintiff has commenced proceedings is a ‘clearly inappropriate forum’.

 

[Tim W]

I have wondered about the enforceability of these clauses in commercial contracts.

Agreed.
But even before enforceablilty, there are questions of how practical it is for a private person (or a small business) in, say Australia,
to even bring an action in Ireland, or Delaware, or even Hong Kong, let alone in, say Ecuador or Estonia.

The burden is on the defendant to show that the Australian court in which the plaintiff has commenced proceedings is a ‘clearly inappropriate forum’.

Yes.
You might, for example, see this as part of a respondent's/ defendant's
application for summary dismissal for want of jurisdiction.
But only if the respondent/ defendant is even legally present in the originating jurisdiction,
and capable of being made a party.