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Articles for the keyword(s) "Reciprocity in recognition"

"Divorce, The Royal Commission, and the Conflict of Laws"

JW Davies and BD Inglis, 1957

The authors critically analyse certain provisions of the Royal Commission's Draft Code on Jurisdiction and Recognition (UK, annexed to the Report of the Royal Commission on Marriage and Divorce (1951-1955)) in the light of the New Zealand law governing jurisdiction in divorce cases, as well as the recognition of foreign divorce and nullity decrees. They conclude that, although the Draft Code contains valuable recommendations, New Zealand statutory reform has been progressive and already addresses most of the points raised by the Commission.

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"Judgments Extension under CER"

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.

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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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"Divorce, The Royal Commission, and the Conflict of Laws"

JW Davies and BD Inglis, 1957

The authors critically analyse certain provisions of the Royal Commission’s Draft Code on Jurisdiction and Recognition (UK, annexed to the Report of the Royal Commission on Marriage and Divorce (1951-1955)) in the light of the New Zealand law governing jurisdiction in divorce cases, as well as the recognition of foreign divorce and nullity decrees. They conclude that, although the Draft Code contains valuable recommendations, New Zealand statutory reform has been progressive and already addresses most of the points raised by the Commission.