What should be included in the general secrecy offence?
Damaging national security, defence or international relations5.10 Section 33(1)(a) of the FOI Act provides that a document is exempt if disclosure would, or could reasonably be expected to, cause damage to the security, defence or international relations of the Commonwealth.[9]National security and defence5.11 In this section the ALRC considers whether unauthorised disclosures that damage the security …
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Read moreWhat should not be included in the general secrecy offence?
5.77 In the following section, the ALRC considers which of the public interests protected by the various FOI Act exemptions should not be protected by the general secrecy offence.Cabinet documents and internal working documents5.78 Section 34 of the FOI Act provides that a document is an exempt document if it has been, or will be, submitted …
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Read more11. International arbitration
Introduction11.1 Arbitration is increasingly being used for the resolution of commercial disputes. It is particularly relevant to international disputes because it can be a neutral alternative to each party’s court system. This chapter is a brief overview of international arbitration from the perspective of Australian law.11.2 The purpose of this chapter is twofold: first, to …
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Read more3. International initiatives
Introduction3.1 Much of the discussion in this report is premised on the view that international agreements can help to reduce cross border legal risk. This chapter tests that view. It briefly surveys the international treaties and law reform initiatives in which Australia is or has been involved and gives some preliminary comments on the value …
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Read more4. Litigation, arbitration and insolvency
Introduction4.1 Cross border litigation, arbitration and insolvencies generate issues that are at the heart of cross border legal risk. The civil remedies that are in fact available through those proceedings set the ground rules for negotiations over cross border legal issues and influence the form of the legal support that is given to the commercial …
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Read more5. Finance and electronic commerce
IntroductionFinance law reform is a high priority5.1 Finance law is a high priority for cross border legal initiatives. Banks and the financial markets underpin much of Australia’s international trade and investment. They create and support practical techniques for dealing with credit and settlement risks and many of the other financial risks in international commerce. Finance …
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Read more6. International litigation
IntroductionPart II of this report – an overview6.1 As mentioned in chapter 1, Part II of this report outlines current Australian law on international litigation and arbitration. Chapters 6 to 10 focus on litigation commenced in Australia seeking remedies where the relevant person or asset is outside Australia but the transaction has some connection with …
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Read more7. Australian remedies: debt and insolvency
Introduction7.1 The previous chapter outlined the principal factors in Australian law and practice affecting international litigation. Against that backdrop this chapter summarises the civil remedies available in Australian courts under Australian law for two of the six types of claim identified in the inquiry’s terms of reference: debt recovery and corporate insolvency. The other types …
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Read more8. Australian remedies: misappropriation and other defaults
Introduction8.1 This chapter continues from chapter 7 the summary of civil remedies available in Australian courts under Australian law. It covers the remaining four of the six types of claim identified in the inquiry’s terms of reference: misappropriation of assets, breach of contract, negligence and breach of fiduciary and statutory duties. As in chapter 7, …
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Read more9. International agreements
Introduction9.1 This chapter discusses a third factor that influences the scope of Australian remedies: treaties, conventions and other international agreements and arrangements relating to civil procedure. The chapter outlines the current international agreements to which Australia is a party that deal with service or enforcement issues. It also discusses other international agreements to which Australia …
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