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

"Conflict of Laws and Legal Aid"

PRH Webb, 1974

This is a brief comment on Connor v Connor [1974] 1 NZLR 632, focusing on the rule that a court will not enforce foreign revenue or other public laws. The author endorses the decision of the Court that a foreign legal aid scheme does not fall under the category of foreign revenue laws.

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"The Reciprocal Enforcement of Judgments Amendment Act 1992: A Half Step Towards CER"

David Goddard, 1992

This article presents a critical appraisal of the Reciprocal Enforcement of Judgments Amendment Act 1992 within the context of the CER (Closer Economic Relations) initiative between New Zealand and Australia. The author welcomes the extension of recognition (through registration) to foreign non-money judgments, final or interlocutory, but criticises continued adherence to the requirement of reciprocity. The article also addresses other crucial issues, such as the failure to provide for ex parte relief in New Zealand in support of Australian proceedings, interpretation of the "natural justice" defence and differences between New Zealand and Australian extra-territorial jurisdictional bases.

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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.