Accessibility Skip to Global Navigation Skip to Local Navigation Skip to Content Skip to Search Skip to Site Map

Articles for the keyword(s) "Matrimonial property "

"Voth in the Family Court: Forum Conveniens in Property and Custody Litigation"

PE Nygh, 1993

The author examines the effect of Voth v Manildra Flower Mills Pty Ltd (1990) 171 CLR 538 on international litigation in the Family Court of Australia. One of the cases discussed is the Trans-Tasman litigation in Gilmore, where proceedings were commenced in Australia and New Zealand. The article focuses on the consequences of disparate forum conveniens/forum non conveniens doctrines, coupled with different matrimonial property regimes, in Australia and New Zealand.

^ Top of page

"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.

^ Top of page

"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.

^ Top of page

"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.

^ Top of page

"Reform of the Law of Domicile in Australasia with Particular Reference to the New Zealand Domicile Act 1976"

CF Forsyth, 1977

In this article the author highlights and comments on the most important reforms introduced by the Domicile Act 1976. The main focus is on: the abolition of the domicile of dependence in the case of married women and potential problems regarding the ascertainment of the matrimonial domicile where spouses have different domiciles; the domicile of children and problem areas, such as the domicile of foundlings and adoptive children; the abolition of the revival of the domicile of origin; the new statutory domicile of choice.

^ Top of page

"Section 7 of the Matrimonial Property Act 1976: A Choice of Law Rule?"

CF Forsyth, 1976

The author highlights a number of issues in regard to s 7 of the Matrimonial Property Act 1976 as a “choice of law” rule, such as: the complexity of the section in respect of its limits of application, outside of which the common law rules apply, as well as the unqualified adoption and extension of the principle of mutability to all movable property. Problems surrounding express choice of law clauses in marriage settlements and alternatives to “matrimonial domicile” as a connecting factor are also addressed.

^ Top of page

"Judicial Attitudes to Family Property"

Michael Hardie Boys, 1995

In a general discussion of case law dealing with the Matrimonial Property Act 1976, reference is made to the problem of foreign immovable property and section 7(1) of the Act. Considering the disparate judgments in this area of the law, the author concludes that the matter may require further attention.

^ Top of page

“New Zealand Family Law and International Law – A Comment With Some Questions”

Kenneth J Keith, 2016

The author explores the importance of both private and public international law in New Zealand family law. The author begins by outlining the contexts in which private international law issues can arise, and how the conflict of laws has historically dealt with such cases. The author notes New Zealand’s membership of the Hague Conference on Private International Law and signing of Hague and non-Hague family law treaties, discussing the extent to which these treaties have been implemented in national law by Parliament and the courts. The author concludes by commenting on some family law conventions to which New Zealand is not a party, and signals future challenges for the relationship between family law and international law.