Abstract:
Free-standing injunctions under s 4(10A) of the Civil Law Act 1909 (2020 Rev Ed) are only as effective as a claimant’s ability to serve them out of jurisdiction. However, does the application of the forum conveniens standard in service out of jurisdiction applications sit in tension with the premise that the substantive dispute underlying free-standing injunctions lies elsewhere? This article considers that tension and evaluates the case for recalibration of the standard of “connection” for free-standing injunctions.