Issues arising under foreign law

[2-6200] Filing of notice

A party who contends that an issue in proceedings in the Supreme Court is governed by foreign law must file and serve a “foreign law notice” setting out the relevant principles of foreign law and their application within six weeks: r 6.43(1)–(2).

A party served who disputes the principles of foreign law or their application must file and serve a “dispute as to foreign law notice” within eight weeks of service: r 6.43(3)–(4).

[2-6210] Orders

The Supreme Court may, on the application of one or more of the parties and with the consent of all the parties, order that proceedings be commenced in a foreign court in order to answer a question as to the principles of foreign law or their application: r 6.44(1).

The Supreme Court may on the application of one or more of the parties or of its own motion, order that the questions of foreign law be answered by a referee appointed in accordance with UCPR, Pt 20 Div 3: r 6.44(2). See Marshall v Fleming [2014] NSWCA 64.

See r 6.44(3) and (4) as to the content of the order to be made of directions that may be given.

[2-6220] Determination of issues arising in foreign court proceedings

Proceedings for determination of an issue of Australian law in respect of which the Supreme Court may exercise its jurisdiction and which is relevant to proceedings in a foreign court may be commenced by summons seeking a declaration of the answer to a question in the form determined by the foreign court.

Rules

  • UCPR, rr 6.43(1)–(4), 6.44(1)–(4)