Document ID: chunk:federal_register_of_legislation:C2021C00487:section:20
Version: federal_register_of_legislation:C2021C00487
Segment Type: section
Provision Reference: s 20
Character Range: 37878–39841

20  Exclusive choice of court agreements
 (1) On application under section 17 (and despite section 19), the Australian court:
 (a) must, by order, stay the proceeding, if satisfied that an exclusive choice of court agreement designates a New Zealand court as the court to determine the matters in issue; and
 (b) must not, by order, stay the proceeding, if satisfied that an exclusive choice of court agreement designates an Australian court as the court to determine those matters.
 (2) Paragraph (1)(a) does not apply to an exclusive choice of court agreement if the Australian court is satisfied that:
 (a) it is null and void under New Zealand law (including the rules of private international law); or
 (b) a party to it lacked the capacity to conclude it under Australian law; or
 (c) giving effect to it would lead to a manifest injustice or would be manifestly contrary to Australian public policy; or
 (d) for exceptional reasons beyond the control of the parties to it, it cannot reasonably be performed; or
 (e) the court designated by it as the court to determine the matters in issue between the parties to the proceeding has decided not to determine those matters.
 (2A) Paragraph (1)(b) does not apply to an exclusive choice of court agreement if the Australian court is satisfied that it is null and void under Australian law (including the rules of private international law).
 (3) Exclusive choice of court agreement, in relation to matters in issue between parties to a proceeding, means a written agreement between those parties that:
 (a) designates the courts, or a specified court or courts, of a specified country, to the exclusion of any other courts, as the court or courts to determine disputes between those parties that are or include those matters; and
 (b) is not an agreement the parties to which are or include an individual acting primarily for personal, family, or household purposes; and
 (c) is not a contract of employment.