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Research Seminar - Foreign Torts Jurisdiction

Presented by Reid Mortensen, School of Law and Justice
31 AUG 2022
12.30 PM - 1.30 PM

Most superior courts in Australia can hear claims for a tort occurring overseas on the ground that the foreign tort led to ‘damage’ being suffered in Australia. ‘The damage gateway’ was invented in New South Wales in the 1970s because of a concern, which turned out to be false, that more traditional grounds of Australian jurisdiction would not allow Australians suffering injury from products that had been negligently manufactured overseas. It has nevertheless emerged as a common ground by which Australian courts will deal with foreign tort claims. The seminar gives an account of how the ‘damage gateway’ has been generously interpreted, and provides an easy means of bringing personal injuries and commercial claims against foreign defendants. It will also explore how, by international standards, it gives Australian courts an unusually exorbitant jurisdiction, to the extent that the most recent formulation of the ‘damage gateway’ in Queensland’s Uniform Civil Procedure Rules risks being constitutionally invalid.

The seminar would be suitable for practitioners in personal injuries and commercial litigation.

For more information, please contact Megan Moore.