Reid Mortensen, 2003
The author provides an in depth analysis of the ways in which New Zealand’s accident compensation scheme is inadequately accommodated by the Trans-Tasman Proceedings Acts. The disparities between the compensation provided by the ACC and common law damages available for personal injury claims in the Australian States is said to be the principle cause of forum shopping within the trans-Tasman area. The author demonstrates how overemphasis on the similarities between the legal systems of New Zealand and Australian has resulted in statutory drafting that is ill equipped to deal effectively with this issue. By way of solution statutory amendment is recommend for both the Trans-Tasman Proceedings Acts as well as the Accident Compensation Act.
Oliver L Knöfel and Reid G Mortensen, 2011
This article provides a comprehensive background to the enactment of the trans-Tasman Proceedings Acts in both Australia and New Zealand within the context of the Closer Economic Relations Trade Agreement (1983) between the two countries. It also provides a comparative perspective on the trans-Tasman vis-à-vis European Union, other European and Hague Conference arrangements in the area of cross-border jurisdiction and judgments. Discussing the details of the new trans-Tasman scheme, the authors identify a number of potential obstacles, one of those being the very different accident compensation schemes obtaining in New Zealand and Australia. On the whole, however, the scheme promises to be most successful in the regulation of trans-Tasman jurisdiction and judgments.