Forum Conveniens and Forum Non Conveniens — Judicial Discretion and The Appropriate Forum

Abstract

In recent years, in both common law and civil law countries, the jurisdiction of courts has undergone significant expansion. This is in keeping with the rapid increase in world commerce and travel and resulting increases in litigation with a foreign element. Australian law has kept pace with the general thrust of these changes. As well, it has developed a complex system of law governing interstate jurisdiction in response to changing needs peculiar to the Australian Federation. Provisions for the service ex juris of a writ of summons have expanded in a number of common law jurisdictions including some in Australia.3 Courts, in part in response to such increases in jurisdiction, have developed discretionary powers to limit the litigant's access to the court through the adoption of the concepts of Forum Conveniens and Forum Non Conveniens. The law in Australia in this regard has now become unnecessarily complicated.