Terms of Reference
Participants

CHAPTER 1: COMMUNITY LAW REFORM PROGRAM AND THIS REFERENCE
I. Introduction
II. Background to Reference
III. Terms of Reference
IV. Impact Overseas

CHAPTER 2: THE LAW IN NEW SOUTH WALES
I. Introduction
II. Exclusion from Jurisdiction

A. Forum Non Conveniens
B. Actions by Enemy Aliens
C. Sovereign Immunity and Acts of State

CHAPTER 3: OVERSEAS JURISDICTIONS
I. Canada
II. Statutory Restrictions of the Rule in the United Kingdom
III. Judicial Developments in the United States
IV. New Zealand

CHAPTER 4: EXCEPTIONS TO THE MOZAMBIQUE RULE
I. Introduction
II. Contract or Equity Between the Parties
III. Administration of Deceased Estates
IV. Admiralty Actions
V. Property Disputes Between De Facto Spouses

CHAPTER 5: REASONS FOR CONTINUED ADHERENCE TO THE RULE
I. Introduction
II. General Acceptance in Common Law Jurisdictions
III. The Need to Develop a Doctrine of Forum Non Conveniens
IV. No Radical Change of Circumstances
V. Need for Reform by Legislation Rather Than Judicial Decision

CHAPTER 6: ARGUMENTS FOR THE ABROGATION OF THE RULE
I. Introduction
II. Damages for Trespass and Other Torts

A. The Rule is an Anachronism
B. The Rule creates Anomalies and Arbitrary Distinctions
C. The Rule may be Productive of Injustice
D. The Rule is Illogical

A. Lack of Clarity in the Law
B. Unnecessary Expense and Delay

CHAPTER 8: RECOMMENDATIONS FOR REFORM

APPENDIX A: DRAFT LEGISLATION