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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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An American is attempting to sue me in a

Customer Question

Hi, an American is attempting to sue me for defamation in a facebook post. I'm unsure whether or not I should respond to the summons; if I do, will I be submitting myself to the Californian court's jurisdiction? And in that case, should the American win the court case, does her chances of having the case enforced in Australia increase? If so, which Australian Act (and Regulations) will she be able to pursue me under?
If I do not respond, will the fact that the USA is not a signatory/listed on Australia's "Foreign Judgments Regulations 1992" in the "Foreign Judgments Act 1991" mean that they will not able to have their case upheld here, is this correct?
Submitted: 2 years ago.
Category: Legal
Expert:  Sydney-Lawyer replied 2 years ago.
Good Evening. You are going to have to defend it because if you don't they will then get judgement and they may try and have it registered here. Is the comment about him and is it defamatory?
Customer: replied 2 years ago.
I understand that if I don't defend the matter, there will be a judgment, which she will attempt to get registered in Australia. That is actually what my question relates to. It is my understanding that as the United States are not included in the Foreign Judgment Regulations, any attempt to register a judgment in Australia is done so under common law. It is also my understanding that in order to do this, she must demonstrate that I was subject to the jurisdiction of the court in which the judgment was made. I have read that this generally requires either that the original legal papers were served on me in the United States, that I reside in, or am a regular resident of the United States, or that I have, in some way, submitted myself to the jurisdiction of the foreign court (none of these conditions have been met in this case).I am seeking a better understanding of this law and its processes, and would like to know at what point I would be considered to have submitted to the jurisdiction of the foreign court.