Commonwealth Consolidated Acts

FOREIGN PROCEEDINGS (EXCESS OF JURISDICTION) ACT 1984 - SECT 5

    This Part applies in relation to:

  (a)   any proceedings instituted in or before a foreign court, being proceedings that:

  (i)   relate to or affect trade or commerce with other countries or among the States;

  (ii)   relate to or affect the trading operations of a trading corporation formed within the limits of the Commonwealth or the business operations of a financial corporation formed within the limits of the Commonwealth;

  (iii)   relate to or affect banking, other than State banking not extending beyond the limits of the State concerned;

  (iv)   relate to or affect insurance, other than State insurance not extending beyond the limits of the State concerned;

  (v)   constitute an external affair; or

  (vi)   are connected with proceedings that constitute an external affair;

  (b)   any action taken by a foreign authority in connection with, or for the purposes of, substantive proceedings or any action taken by a foreign authority that is ancillary to substantive proceedings;

  (c)   any proceedings instituted in or before a foreign court, or action taken by a foreign authority, in connection with, or for the purposes of:

  (i)   the making of a decision whether substantive proceedings should be instituted; or

  (ii)   the institution, or the proposed institution, of substantive proceedings; and

  (d)   any proceedings instituted in or before a foreign court, or action taken by a foreign authority, in connection with, or for the purposes of, the enforcement of any judgment given in substantive proceedings, including any proceedings for contribution instituted in or before a foreign court by a person who was a defendant in substantive proceedings.