Red Express Pty Ltd is based in Darwin, Australia, and serves as a customs agent and freight forwarder for various shipments being exported to various points overseas, mostly in Southeast Asia. Occasionally some packages destined for foreign points come through Red Express' office that are simply too small to involve a written contract. Out of a concern for its reputation for good service Red Express forwards them on and waits for payment. Inevitably there are a few people who try to make life difficult for Red Express, refusing to pay and waiting for the company to launch suit against them in the Australian courts. They could successfully assert that because there was no written contract between the parties, and in particular no choice of law or jurisdiction clause, the Australian courts cannot hear the dispute.

Question

Quizplus · Accepted Answer

Australian courts can hear disputes even without a written contract, as long as there is evidence of an agreement or transaction. The absence of a written contract does not automatically prevent the courts from having jurisdiction.

Red Express Pty Ltd Is Based in Darwin, Australia, and Serves