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ARTICLE · 02 MARCH 2016

Interstate disputes – Are your terms enough to guarantee you a home field advantage?

A Court will have regard to many considerations when determining the most appropriate jurisdiction to hear an action.

AustraliaLitigation, Mediation & Arbitration

We all know that we live in the age of technology. Gone are the days where communities existed in isolation; where businesses run by mums and dads sourced their inventory from another business just down the road. Today it's considered foolish if a business doesn't have an online presence or the ability to sell and contract with parties in other states or countries.

The globalisation trend in business also carries ramifications when it comes to resolving disputes between parties in different jurisdictions. The general method is that businesses have standard terms and conditions that contain a "jurisdiction clause" that provides in the event of a dispute the parties will submit to an agreed jurisdiction. So in the unfortunate event of a conflict, having the security of being able to deal with a dispute in your home state is crucial as, amongst other advantages, it affords you familiarity with the local court system as well as mitigating the amount of time you need to

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