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Forum non conveniens

Dow Jones and Co v Gutnick [2002] HCA 56; 210 CLR 575. Gleeson CJ, McHugh, Gummow, Hayne JJ

9. ... First, it is now established that an Australian court will decline, on the ground of forum non conveniens, to exercise jurisdiction which has been regularly invoked by a plaintiff, whether by personal service or under relevant long-arm jurisdiction provisions, only when it is shown that the forum whose jurisdiction is invoked by the plaintiff is clearly inappropriate: Voth v Manildra Flour Mills Pty Ltd [1990] HCA 55; (1990) 171 CLR 538.

Secondly, it is now established that in trying an action for tort in which the parties or the events have some connection with a jurisdiction outside Australia, the choice of law rule to be applied is that matters of substance are governed by the law of the place of commission of the tort: Regie National des Usines Renault SA v Zhang [2002] HCA 10; 210 CLR 491.

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