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.
- Author
- Oliver L Knöfel and Reid G Mortensen
- Published in
- Zeitschrift für Zivilprozess International
- Year
- 2011
- Volume
- 16
- Pages
- 369-403
Categories
Keywords
- Accident compensation
- Anti-suit injunctions
- Choice of court clauses
- Enforcement of judgments
- Evidence
- Exclusive jurisdiction clauses
- Forum clauses
- Forum conveniens
- Forum non conveniens
- Forum shopping
- Jurisdiction
- Jurisdiction clauses
- Personal injury
- Procedure
- Public policy
- Recognition of judgments
- Service of process
- Videoconferencing
