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Articles for the keyword(s) "Lex situs"

"Conflict of Laws and Vessel Ownership"

Paul Myburgh, 2005

In a comment on Tisand (Pty) Ltd v The Owners of the Ship MV Cape Moreton (ex Freya) [2005] FCAFC 68, 29 April 2005, the author analyses the approach of the Court to the issue of foreign vessel ownership within the context of admiralty jurisdiction. The Court characterised the issue as relating to the transfer of property rights and subject to the lex situs, rather than a jurisdictional matter subject to the lex fori. The author supports the Court’s rejection of the lex fori approach and welcomes the Court’s sophisticated analysis of the conflicts issues involved.

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"A Proposal to Improve the Protection of New Zealand’s Movable Cultural Heritage by Means of a Statutory Trust"

Jonathan Keate, 1993

This article examines and evaluates the effectiveness of the Protection of Movable Cultural Heritage Bill, focusing on the recovery of illegally exported cultural property with reference to the private international law principles of unenforceability of foreign penal and other public laws. The author proposes the creation of a statutory trust, which would accord with charitable trust principles, as a more effective means to recover illegally exported cultural objects through proceedings in overseas courts.

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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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"Matrimonial Property and the Conflict of Laws"

Campbell McLachlan, 1986

The author examines provisions in the Matrimonial Property Act 1976 applicable to conflicts issues upon dissolution of marriage through separation with specific reference to: the international diversity of matrimonial property regimes; the scope of the Act in relation to movable and foreign immovable property; the uncertainty pervading common law conflict rules and their potential applicability to property falling outside the scope of the Act; and ante-nuptial agreements. The article highlights the tension between domestic policies and foreign law in transnational matrimonial property disputes.

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"Retention of Title and the Trans-Tasman Supply of Goods"

Juliet Taylor, 2006

Against the background of an overview of retention of title regimes in Australia and New Zealand, the author explores conflict of laws issues in relation to trans-Tasman supply of goods. The article focuses on specific problems in this regard as a result of the divergence of the Australian and New Zealand regimes, as well as inadequately drafted conflict of laws provisions in the New Zealand Personal Property Securities Act 1999. The author emphasises the importance, also for Australian suppliers of goods to New Zealand buyers, of registering retention of title arrangements on the (New Zealand) Personal Properties Securities Register.

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“Case Note: Timing it Right”

PRH Webb, 2009

The decision of Shepherd v Shepherd (High Court, Auckland, CIV 2008- 404-002213, 23 October 2008) is noted for the issues it raises in relation to the date at which relationship property is classified as moveable or immovable and the date at which the situs of that property should be determined.