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Articles for the keyword(s) "Clearly inappropriate forum"

"After The Spiliada – Forum Non Conveniens in New Zealand and Australia"

Scott Gallacher, 1996

This article analyses the disparate development of forum non conveniens in New Zealand and Australia. The author discusses potential differences in result, depending on whether the "more appropriate forum" test, adopted in New Zealand, or the "clearly inappropriate forum" test, adopted in Australia, is applied.

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"Horse and Buggy on the Electronic Highway: Transnational Internet Defamation in the High Court of Australia"

Paul Myburgh and Rosemary Tobin, 2003

This article presents a critical analysis of the decision in Dow Jones & Co Inc v Gutnick (2002) 194 ALR 433, [2002] HCA 56. The authors focus on the implications of the common law multiple publication rule and problems in locating the place of the tort for purposes of jurisdiction and choice of law in transnational internet defamation. Disappointment is expressed at the unwillingness of the majority to engage with and reformulate traditional defamation law principles in recognition of the revolutionary nature of internet communications.

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"Jurisdiction Shopping – NZLS Seeks Urgent Resolution"

Anonymous, 1993

In response to Gilmore v Gilmore [1993] NZFLR 561; (1993) 10 FRNZ 469, this brief note highlights the dilemma posed by different interpretations of forum non conveniens in New Zealand and Australia with regard to discretionary jurisdictional stays.

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"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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"Global Disputes – Jurisdiction, Interim Relief and Enforcement of Judgments"

David Goddard, 1999

This contribution contains extracts from a paper prepared by David Goddard for the NZLS triennial conference. The focus is on cross-border disputes, especially trans-Tasman disputes, and the problems involved in the enforcement of interim orders and final judgments. The inadequacy of legislation in this area is highlighted and accession to and participation in relevant international conventions are recommended.