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Articles for the keyword(s) "Stay of proceedings"

"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.

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"Jurisdiction and Choice of Law in Tort"

Craig Brown, 1976

The author examines the confusion caused by the double-limbed tort conflict rule (Phillips v Eyre (1870) LR 6 QB 1) in regard to jurisdiction and choice of law, as well as the significance of the "proper law of the tort" exception (Boys v Chaplin [1968] 2 QB 1). While emphasising the distinction between jurisdiction and choice of law, the author points to the interaction between jurisdiction and choice of law in order to find the appropriate forum as well as the appropriate lex causae for cross-border tort disputes. The jurisdictional doctrine of forum conveniens (where leave to serve abroad is required) and the "proper law of the tort" for choice of law purposes may provide the required degree of flexibility in tort choice of law.

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"Exclusive Jurisdiction Clauses – A New Zealand Perspective on the Hague Convention on Choice of Court Agreements"

G Shapira and R Lazarovitch, 2008

Exclusive jurisdiction clauses are a frequently used tool in transnational contracts. The parties agree on a forum that would hear any potential dispute. This should ensure certainty and predictability for all parties. However, the complexity of the New Zealand rules and the jurisdictional discretion of the courts lead to often unpredictable results when exclusive jurisdiction clauses are encountered. The 2005 Hague Convention on Choice of Court Agreements aims to address such problems with clear rules that promote certainty in commercial dealings and validate party autonomy. Even though the Convention is not free from criticism, the authors conclude that New Zealand should nonetheless adopt it.

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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.

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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.