France Telecom SA v United Network Group Pty Ltd

France Telecom SA (France Telecom) sought to enforce a judgment obtained in France against United Network Group Pty Ltd (UNG) in Australia. The dispute concerned whether the Australian court had jurisdiction to enforce the foreign judgment, given that UNG was an Australian company and the judgment was obtained in absentia. The matter came before Ian Thompson in the Supreme Court of New South Wales.

The primary legal issue before the Court was whether it had jurisdiction to enforce the French judgment against UNG. This involved considering whether UNG had submitted to the jurisdiction of the French courts, either by express submission or by conduct, and whether the French proceedings were conducted in a manner that accorded with Australian notions of procedural fairness.

His Honour determined that UNG had not submitted to the jurisdiction of the French courts. The Court found that UNG's initial engagement with France Telecom's solicitors, which involved seeking to negotiate a settlement, did not constitute a submission to the French jurisdiction. Furthermore, the Court held that the French proceedings, which resulted in a default judgment against UNG, did not meet the requirements of procedural fairness as understood in Australia, particularly concerning adequate notice of the proceedings. Consequently, the Court declined to enforce the French judgment.