LAWS3007 Lecture Notes - Lecture 13: Sovereign Immunity
Document Summary
Substance and procedure statutes are ineffective: hamilton v merck (2006): classification conducted according to law of the forum. Foreign self-characterising: procedural laws are directed to governing or regulating the mode or conduct of court proceedings : john pfeiffer v rogerson (2000) (adopting mason cj, dissent, Procedural matter governed by law of the forum. Examples: statute of limitations, foreign statutes of limitation are substantive (whether they bar commencement of proceedings or extinguish liability): john pfeiffer v rogerson (2000) (overturning. Mckain (1991) which treated former as procedural and later as substantive). If substantive law of another state/territory/nz governs claim, limitation law of that place is to be regarded as substantive and applied: choice of law (limitation periods) act 1993 (nsw) s 5. Rogerson (2000) (overturned stevens v head distinction between heads (substantive) and quantification (procedural)). have rightly followed john pfeiffer: regie v zhang (2002) expressly reserved issue for foreign torts.
