Legal Advice: +61 8 7325 0080
Equity, Prosperity and Dispute Resolution Across Borders
In a recent settlement of litigation, Diaspora Legal obtained a declaration of the Supreme Court of South Australia that a document, executed in Indonesia, and which had been used in circumstances objected to by our client, was void ab initio. The court also granted injunctions for delivery up of the document and any copies and injunctions restraining our client's opponent from relying upon the document in the future, including in any proceedings.
The orders and declarations are a reminder of the scope of equity in addressing international legal disputes - even where the foreign jurisdiction is a civil code jurisdiction.
Regrettably the orders are also a reminder of the timelines along which the South Australian court system works. In the above matter, an urgent application for an interim injunction similar to that obtained permanently in 2017 was made by the plaintiff in 2012. The application was adjourned by the learned list judge to a master who convened a settlement conference. In the interim the impugned document was used by the defendant to obtain funds from bank accounts in Indonesia.