Level: Essential   CLE Units: 0

Speakers:
Michael Cashion SC, Sixth Floor Wentworth Chambers
Brenda Tronson, Barrister, Sixth Floor Wentworth Chambers

Aims

Australia as a jurisdiction of choice for cross border litigation
Australia’s legal system is, and is recognised internationally to be, impartial and open to all. In an increasingly globalised world, Australian lawyers have the opportunity to increase the appeal of Australia as the jurisdiction of choice for cross border litigation. Michael Cashion SC discusses how Australian lawyers might make the most of that opportunity. He also addresses some of the practical issues involved in bringing proceedings in Australia against defendants located overseas and enforcing judgments against such defendants, providing an overview of the effects of agreements like the recent MOU between the NSW Supreme Court and the Singapore Supreme Court.

Evidence in cross border litigation
Cross border litigation almost inevitably involves the need to obtain evidence from overseas and/or to call witnesses normally located overseas. Indeed, this is increasingly true even where all parties to a proceeding are located in Australia. Brenda Tronson discusses the ways and means to obtain such evidence, including issues as diverse as obtaining evidence from third parties and providing methods for witnesses to give evidence from an overseas location. Australian lawyers may also be faced with the task of preparing evidence for litigation taking place in another jurisdiction, and the presentation will address the considerations which must be taken into account in that event.

Chair:
Tova Gordon
Solicitor, Minter Ellison
Member of the NSW Young Lawyers Civil Litigation Committee.

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