AVZ 0.00% 78.0¢ avz minerals limited

Very strange one. Seems like they are fighting the decision of...

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  1. 6,296 Posts.
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    Very strange one. Seems like they are fighting the decision of another country.
    I can't see how that is possible. Like fighting for a U.S patent to be over tuned in another country. Good luck with that one.

    In many cases it's opportunism as legal issues always have an effect. Easy for a company to pay and make it go away quickly.

    'I am not a lawyer but it reads as I would expect. Australia has no jurisdiction.

    6.7 Legal proceedings are commenced in Australia by the issue of an initiating process, such as a statement of claim or summons. This initiating process is filed with the court. Strictly, it is only effective if the court has jurisdiction to adjudicate the issues raised in the initiating process. The jurisdiction of the court to adjudicate those issues depends on a number of elements including
    • whether the initiating process raises a cause of action which that court has jurisdiction to determine (eg breach of contract, negligence, breach of s 52 of the Trade Practices Act 1974 (Cth))
    • whether the court has jurisdiction over the defendant
    • whether the court has jurisdiction to grant the remedy sought.
    These jurisdictional issues are discussed in more detail later in this chapter.[cclxxxi] In practice they are not argued at the time that the initiating process is issued because neither the court nor the other parties examine them at that stage.

    Anyone wanting to read up
    http://www.alrc.gov.au/publications...ional-transactions/6-international-litigation
 
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