03 December 2021
Litigation - Jurisdiction - Initiating action and enforcement
Our client's equipment hire business offices are in New South Wales though they send equipment all over Australia. We need to issue a statement of claim for detinue of equipment.
Can we file proceedings in New South Wales and enforce judgment in South Australia based on the NSW judgment or do proceedings need to be filed in South Australia?
Thank you for the question.
Yes, proceedings can be filed in New South Wales subject to any express contractual terms relevant to the particular transaction which dictate or restrict the jurisdiction.
However, again subject to any such terms, the defendant might apply to transfer the proceedings to South Australia and an initial argument on that application may be required.
Regards
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