Migration International Group Pty Ltd ABN 36 632 311 847 v Mahr EDV GmbH

The Federal Court heard an application by Migration International Group Pty Ltd seeking to set aside a decision by the Federal Circuit and Family Court of Australia, which found that it did not have jurisdiction to hear the case. The case involved a dispute between Migration International Group Pty Ltd, an Australian company, and Mahr EDV GmbH, a German company, over a contract for the supply of software and services. The contract contained a clause that specified German law and jurisdiction. The dispute centred on whether the Federal Circuit and Family Court of Australia had jurisdiction to hear the case and whether the German jurisdiction clause was valid and enforceable.

The court had to determine whether it had jurisdiction to determine jurisdiction, considering the agreement made in Germany. It also had to decide if the exclusive law and jurisdiction clause was arguable, not frivolous, nor vexatious, misconceived, or lacking in substance. The court needed to assess whether the clause was binding and if there were any circumstances under which the Federal Circuit and Family Court of Australia could decline jurisdiction in favour of Germany, considering the doctrine of forum non-conveniens.

The court found that it had jurisdiction to determine jurisdiction and that the exclusive law and jurisdiction clause was arguable. It considered that the clause was binding and that there were no exceptional circumstances that would justify declining jurisdiction in favour of Germany. The court held that the Federal Circuit and Family Court of Australia had correctly found that it did not have jurisdiction to hear the case. Consequently, the application by Migration International Group Pty Ltd was dismissed, and no order as to costs was made.