There is a more appropriate forum available to the

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there is a more appropriate forum available to the parties. o Conflict of laws doctrine which applies between courts in different countries, and between courts in different jurisdictions in the same country, in order to determine where a case should be heard.
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Forum non conveniens o Test in Aust: Stay will be granted if the Australian court is a clearly inappropriate forum. n Oceanic Sun Line Special Shipping Co v Fay (1988) 165 CLR 197; n Voth v Manildra Flour Mills (1990) 171 CLR 538 o Test in most other common law jurisdictions: Stay will be granted if another forum is more appropriate . n Spiliada Maritime Corporation v Cansulex [1987] AC 460 o Other countries: Appropriate forum may be determined by treaty, e.g. European Union.
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Spiliada Factors (or relevant connecting factors) Include: - 1. expense and convenience 2. where did the cause of action arise 3. where do the parties reside or carry on business 4. where do the majority of the witnesses reside (because looking to do convenience for witnesses as well as the parties) 5. which law will apply? 6. are there any other parties involved and are they amenable (i.e. liable to) to any particular jurisdiction
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Cross-vesting Background: while Federal Courts can here cases involving state law, the reverse was not always the case,. e.g. Federal Court could hear a claim for breach of TPA and a related claim for breach of contract under its accrued jurisdiction, BUT state crt could not hear a TPA claim Solution: introduction of cross-vesting legislation; state court hearing a breach of contract claim could not also deal with a related TPA claim.
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Cross-vesting o Cross-vesting means an end to exclusive jurisdiction of state and federal courts. o It means that a single court can provide complete relief, regardless of whether the claim involves state and federal law. o Cross-vesting legislation (state and federal) introduced in 1987.
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Cross-vesting scheme o Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) o Jurisdiction of Courts (Cross-Vesting) Act 1987 (Vic) n Uniform state legislation
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2 Core Elements of Cross-vesting 1. Cross-Vesting/conferral of jurisdiction of Federal and Supreme Courts; and 2. Mechanism for transfer of proceedings to most appropriate court.
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Constitutional validity? o Re Wakim; ex parte McNally (1999) 198 CLR 511 o High Court held cross-vesting legislation unconstitutional to the extent that it confers state jurisdiction on Federal Court (& Family Court).
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Re Wakim; ex parte McNally (cont) o Only the Clth Parliament can make laws defining the jurisdiction of federal courts, and only with respect to those matters set out in ss 75 and 76 of the Constitution. o State Parliaments cannot validly confer jurisdiction on Federal courts. o Re Wakim did not invalidate entire cross-vesting scheme; only those parts that purported to confer state jurisdiction on Federal courts.
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Life after Wakim o State courts may exercise federal jurisdiction n Cross-vesting survives o Federal Court has accrued jurisdiction n Can still exercise state jurisdiction if arising from the same “matter”.
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