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Articles for the keyword(s) "Anti-suit injunctions"

“The Australia and New Zealand Judgments Scheme: A Common Law Judicial Area”

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.

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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.

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Conflict of Laws: Jurisdiction and Foreign Judgments

David Goddard, 2009

This chapter in The Laws of NZ covers personal jurisdiction, limits on jurisdiction, anti-suit injunctions, enforcement and recognition of foreign judgments, and the concepts of domicile and residence.