Legal Question in International Law in Virginia

Re: Virginia company owes Australian company money

Yes, you should retain a Virginia lawyer to pursue the matter in the Commonwealth on your behalf, either through a lawsuit or settlement on terms that are acceptable to you.

Re: Virginia company owes Australian company money

You have two choices: sue them in Australia or sue them in Virginia.

If you sue in Australia, you will have to make sure that service of process is proper under both Australian and Virginia law (or under the "Hague convention," but that's cumbersome). The Virginia courts would recognize Australian courts as having personal jurisdiction over the Virginia defendant, since the defendant went to your country, but the Australian courts would also have to have proper jurisdiction under Australian law. Suing there will allow you to present testimony in court without having to travel - they will either have to travel to testify or, if Australian procedure allows, they may be able to do a deposition here in Virginia for use there (a Virginia lawyer could represent you at that deposition). Once you get your judgment there, it will be enforceable here.

Alternatively, you can sue here in Virginia. That would be quicker, because you won't have to get a judgment there and then take the additional step of domesticating it in Virginia, but it is likely that you will have to travel to Virginia to testify (although the court MAY let you present testimony by deposition, it very well may not). The only way around that is if they admit liability or all of the relevant facts in court.

We handle cross-border litigation on a regular basis. While this is smaller than the usual case, it is big enough to pursue. I think I would recommend suing in Australia, assuming Australian law would provide for the exercise of personal jurisdiction over this defendant.

You should retain an Australian lawyer to handle the Australian end of this, but s/he and your Virginia lawyer should be in touch beforehand to make sure that the resulting judgment will be enforceable in Virginia.