PRIVATE INTERNATIONAL LAW – application for temporary stay of proceedings – where parallel proceedings commenced by applicants in the United States of America – where Australian proceedings commenced as a “holding action” to preserve claims against expiration of limitation periods – forum non conveniens principles not applicable to applications for temporary stay – discretionary factors weigh in favour of orders for temporary stay
PRACTICE AND PROCEDURE – power to order temporary stay is an aspect of the Court’s general power to control its own proceedings – temporary stay merely postpones pretrial preparation steps and hearing
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0626
For more information, see the original judgement.
