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Jurisdiction
Can be used to refer to a country or federal state. More often refers to the connection a party to proceedings must have with a country to allow that country to have the proceedings. Sometimes more than one country has possible jurisdiction, and there can be big advantages to one spouse to have the proceedings in one country and not another. This results in a possible forum fight. Where two or more EU countries are involved, Brussels II says that the first to issue secures jurisdiction so speed in issuing is vital. Jurisdiction can sometimes mean the power of the court to make an order.
Jurisdiction Clause
A clause in an agreement such as a pre-marriage or marital agreement stating in which country the couple would want any proceedings to take place. England gives these clauses considerable importance in deciding any forum dispute and greater weight than other elements of the agreement. Sometimes a clause may state which country’s laws the couple would want to deal with any proceedings; England construes this as a jurisdiction clause as to preference for the country to deal with the case.
In Association with
Sydney, Canberra and Parramatta