Fighting in a Foreign Court - Example 3

Global business frequently brings litigation in foreign (interstate and international) forums.

My client and their customer were both Perth-based businesses. The customer traded through a registered business name jointly owned by a husband and wife.

The Magistrates’ Court of Western Australia (MCWA) was the appropriate forum. This was because both parties were based in Western Australia, and our claim was less than $75,000. My Victorian residence was not relevant, and did not affect my ability to act (and win).

In contrast to other jurisdictions, the MCWA allows the claimant (i.e., the plaintiff) to select the Court registry. This is regardless of where in Western Australia the claim arose. As Midland is a smaller Court, over time I developed relationships with several key staff. This helped ensure the smooth conduct of this case.

The husband, a serial rogue, engaged in extreme court room theatrics. These included claiming that the wife was having a medical emergency, and as such that they both needed to leave immediately, by ambulance.

I successfully objected to the husband’s histrionics. I then obtained judgment against both the husband and the wife. As joint owners of the customer’s business name, both the husband and wife were equally liable. This was, as often occurs, despite the husband treating their business as his own. Exploiting this nuanced, but key, mistake, of the customer, helped to collect my client’s debt. This was because the debtors’ family home, solely owned by the wife, was exposed.

Next time we will discuss a victory in the Alice Springs Local Court, in the Northern Territory, for a Victorian business.