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ction we mean that form of injunction where a plaintiff or applicant in a domestic court seeks to restrain the initiation or continuation of proceedings (which might be arbitral proceedings) in another jurisdiction. The anti-suit injunction differs
from a stay, in that a stay is an order of the court in the proceeding concerned to stay the further prosecution of the proceeding.
3. The scope and relevance of anti-suit relief in Australia is affected by the cross- vesting legislation in ways that have not yet been fully worked through
3.In cases
where the cross-vesting legislation applies, for constitutional and policy reasons, the appropriate ‘relief’ may often be a cross-vesting application, to代写留学生论文 be determined in accordance with the statutory tests in section 5 of the Jurisdiction of Courts (Cross- Vesting Act) 1987 (Vic) and its equivalents. These include the requirement to look to “the interests of justice” (see, for example, s5(1)(b)(ii)(C) of the Jurisdiction of Courts (Cross-Vesting Act 1987 (Vic) which on occasion has been interpreted as importing, or approximating the English test of which jurisdiction is the “appropriate forum” expounded in Spiliada Maritime Corp. v Cansulex Ltd. [1987] 1 AC 460 (“Spiliada”)
rather than the “inappropriate forum” test deliberately formulated by the High Court in Oceanic Sun Line Special Shipping Co Inc v Fay (1988) 165 CLR 197 (“Oceanic”) and Voth v Manildra Flour Mills Pty Ltd (1990) 171 CLR 538 (“Voth”) and applied in CSR v Cigna Insurance Australia Ltd (1996) 189 CLR 345 (“CSR v Cigna”) in preference to the Spiliada test to resolve choice of forum issues thrown up by proceedings in more than one jurisdiction.

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