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Articles for the keyword(s) "Trans-Tasman litigation"

"The Reciprocal Enforcement of Judgments Amendment Act 1992: A Half Step Towards CER"

David Goddard, 1992

This article presents a critical appraisal of the Reciprocal Enforcement of Judgments Amendment Act 1992 within the context of the CER (Closer Economic Relations) initiative between New Zealand and Australia. The author welcomes the extension of recognition (through registration) to foreign non-money judgments, final or interlocutory, but criticises continued adherence to the requirement of reciprocity. The article also addresses other crucial issues, such as the failure to provide for ex parte relief in New Zealand in support of Australian proceedings, interpretation of the "natural justice" defence and differences between New Zealand and Australian extra-territorial jurisdictional bases.

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“A Trans-Tasman Judicial Area: Civil Jurisdictions and Judgments in the Single Economic Market”

Reid Mortensen, 2010

This article provides a close analysis of the trans-Tasman civil jurisdiction and judgment scheme that exists between New Zealand and Australia. Analysis focuses on comparing and contrasting Australia’s domestic conflict of laws rules with the scheme set up by the Trans-Tasman Proceedings Act 2010. In particular the schemes failure to address issues of lis pendens is focused on. However, the author is clear that the shortcomings of the scheme should not be over-emphasised.