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Rugby League
Brisbane Broncos Talk
Broncos sign Matt Lodge on one-year deal
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[QUOTE="Jason Simmons, post: 2893956, member: 8275"] ‘Probably not’ is the best legal answer I can add to this, but it is far from certain that they can’t. There is no international treaty or Australian legislation that allows for the enforcement of American court judgements within Australia true, however there are precedents under common law that ‘could’ allow the plaintiffs in the case to pursue Lodge here for the damages awarded in the US. Lodge didn’t submit voluntarily to the court’s authority (in fact he didn’t even appear or contest the issue) nor was the US court acting in ‘jurisdiction in the international sense’ (what they might do if a US citizen was suing another US citizen for an act that occurred outside the normal US legal jurisdiction) so it is ‘possible’ an Australian court may refuse to act on the request. An Australian court may also consider the size of the damages unreasonable in the circumstances (no significant bodily injury or harm was caused afterall it was mostly fear based, from all available reports of the incident) and the plaintiff’s would have to institute further court proceedings against Lodge in Australia at considerable expense with no certain prospect of winning, having to argue the above points to have the original American order recognised and enforced locally. Should such occur, Lodge with competent legal representation would undoubtedly argue the above points and may also have a natural justice argument open to him, given the extensive differences in sanctions imposed by US courts compared to the likely penalties imposed under Australian law, though his NRL salary and associated income, whatever that may be, may work against him there... [/QUOTE]
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Brisbane Broncos Talk
Broncos sign Matt Lodge on one-year deal
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