Melbourne Law School - Theses

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Forum non conveniens : issues of precedent and policy

Baker, Clifton Sydney ( 1991)

Until 1988 the Australian cases on the doctrine of forum non conveniens had followed the English case. In particular, Australian superior courts had adopted the liberalisation of that doctrine which had taken place in England since 1974. In 1988 the High Court rejected the English liberalisation in the rather unsatisfactory decision of Oceanic Sun. However, in 1990 the High Court rectified many of the problems present in Oceanic Sun in Voth, and, although it reaffirmed the principle in Oceanic Sun, in practical terms it substantially liberalised the Australian doctrine, although not going as far as the English developments. There is now a distinctive Australian principle of forum non conveniens, which despite the inadequate reasoning leading to its adoption, has some significant practical strengths.