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.
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.
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.