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“Woodhouse Reprised: Accident Compensation and Trans-Tasman Integration”

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.

Author
Reid Mortensen
Published in
Journal of Private International Law
Year
2003
Issue
9
Pages
1-38

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