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Articles for the keyword(s) "Enforcement of foreign judgments: common law"

"The Hague and the Ditch: The Trans-Tasman Judicial Area and the Choice of Court Convention"

Reid Mortensen, 2009

Following an analysis of the history and current context of the proposed Trans-Tasman regime (within the CER framework), this article explores the comparative value of the Hague Convention on Choice of Court Agreements for Australia and New Zealand. Although the Convention and the proposed Trans-Tasman regime are profoundly different, the author concludes that the adoption of the Convention would provide an opportunity for both countries to increase certainty in international trade and commercial relationships. More specifically, reference to the Convention would address the risk of lis pendens and incompatible judgments in the proposed Trans-Tasman regime.

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"Judgments Extension under CER"

Reid Mortensen, 1999

This article discusses the Closer Economic Relations (CER) Trade Agreement entered into between New Zealand and Australia in 1983 with specific reference to the removal of legal impediments to trade. The author criticises the CER scheme as it does little to improve the efficiency in respect of trans-Tasman judgment extensions. An in-depth analysis follows into alternative mechanisms available for judgment enforcement, with specific reference to the European and Australian models. The author concludes with proposals for the adoption of a “direct jurisdiction” model for the CER scheme.

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“Enforcing Foreign Judgments at Common Law in New Zealand: Is the Concept of Comity Still Relevant?”

John Turner, 2013

In this article, the author explores the role of comity as the theoretical basis of the enforcement of foreign judgments at common law in New Zealand. The author outlines the development of the concept of comity from its historical origins involving the promotion of reciprocity between courts to its modern iteration based on the recognised desirability of the enforcement of a debt obligation that binds defendants. The author’s thesis is that comity alone, in both its historical and modern conceptions, is an inadequate theoretical basis for the enforcement of foreign judgments. Instead, the author suggests that the use of comity as a basis for enforcement should be buttressed by a strong commitment by the courts to meeting the needs of international trade and commerce.