RW Miller & Co (South Australia) Pty Limited v McKain

In the High Court of Australia, the applicant, R W Miller & Co (South Australia) Pty Limited, sought the removal of a cause from a lower court, with William Thomas McKain as the respondent. The core of the dispute revolved around the application of statutes of limitation in a case where the court was exercising federal jurisdiction.

The central legal issue before the High Court was whether, when exercising federal jurisdiction under section 79 of the Judiciary Act, the court should apply the statute of limitations of the forum (the lex fori) or the statute of limitations of the place where the cause of action arose (the lex loci delicti). This question arose in the context of potential anomalies and differing approaches in Australian and overseas jurisdictions regarding the characterisation of limitation periods as procedural or substantive.

The court considered the well-established principle, as articulated in cases like *Pedersen v Young*, that statutes of limitation are generally regarded as rules of procedure, forming part of the lex fori, because they relate to the remedy rather than the right. This principle stems from the historical form of such statutes, which typically provide that an action shall not be brought after a specified time. The court also examined the implications of exercising federal jurisdiction, noting that section 79 of the Judiciary Act requires the High Court to apply the laws of the State in which it is exercising its jurisdiction. The argument presented suggested that the anomalies arising from the traditional approach might warrant a re-evaluation, potentially allowing for considerations of party convenience to influence the forum for hearing a matter.