Foreign Proceedings (Excess of Jurisdiction) Act 1984
5Application of Part
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5 Application of Part
This Part applies in relation to: (a) any proceedings instituted in or before a foreign court, being proceedings that: (i) relate to or affect trade or commerce with other countries or among the States; (ii) relate to or affect the trading operations of a trading corporation formed within the limits of the Commonwealth or the business operations of a financial corporation formed within the limits of the Commonwealth; (iii) relate to or affect banking, other than State banking not extending beyond the limits of the State concerned; (iv) relate to or affect insurance, other than State insurance not extending beyond the limits of the State concerned; (v) constitute an external affair; or (vi) are connected with proceedings that constitute an external affair; (b) any action taken by a foreign authority in connection with, or for the purposes of, substantive proceedings or any action taken by a foreign authority that is ancillary to substantive proceedings; (c) any proceedings instituted in or before a foreign court, or action taken by a foreign authority, in connection with, or for the purposes of: (i) the making of a decision whether substantive proceedings should be instituted; or (ii) the institution, or the proposed institution, of substantive proceedings; and (d) any proceedings instituted in or before a foreign court, or action taken by a foreign authority, in connection with, or for the purposes of, the enforcement of any judgment given in substantive proceedings, including any proceedings for contribution instituted in or before a foreign court by a person who was a defendant in substantive proceedings.