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Florida Journal of International Law

Abstract

Since the 1970s, Australia has been one of the most adamant objectors to United States extraterritorial discovery, “fishing expeditions,” within its borders. Given that Australia and the United States are both common law jurisdictions born of the same mother country, why all the squabbling over discovery? This note attempts to answer the question by comparing Australian and United States discovery, analyzing past disputes over extraterritorial discovery, analyzing Australian “blocking” legislation and appraising past and future solutions to this troublesome issue of international litigation.

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