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Articles for the keyword(s) "Clearly more appropriate forum"

"Conflict of Laws"

RJ Paterson, 1989

The author reviews significant Conflict of Laws cases from 1988 and 1989. The review focuses on the reception of the doctrine of forum non conveniens into New Zealand law and explores the significance and implications of this doctrine within the context of the existence and exercise of jurisdiction in commercial, as well as matrimonial and international child abduction cases.

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"Matrimonial Property"

PRH Webb, 1994

The author notes recent cases on matrimonial property and conflict of laws, amongst them Samarawickrema v Samarawickrema [1994] NZFLR 321; (1994)11 FRNZ 502 that dealt with foreign immovable property in terms of the Matrimonial Property Act 1976; and Gilmore v Gilmore [1993] NZFLR 561; (1993) 10 FRNZ 469, an application for stay of proceedings on the basis of forum non conveniens in trans-Tasman proceedings.

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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.