find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Property lawyer - Melbourne
Category: Property Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Impressive client list, national firm · Well-led and high-performing team
View details
Senior family lawyer - Melbourne
Category: Family Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Outstanding national firm · High-calibre family law team
View details
Legal accord in trans-Tasman plan

Legal accord in trans-Tasman plan

ORGANISATIONS CONDUCTING business between Australia and New Zealand will benefit from the work of a trans-Tasman working group focused on simplifying court proceedings and regulatory…

ORGANISATIONS CONDUCTING business between Australia and New Zealand will benefit from the work of a trans-Tasman working group focused on simplifying court proceedings and regulatory enforcement.

Last week’s release of a discussion paper by the Trans-Tasman Working Group, entitled Trans-Tasman Court Proceedings and Regulatory Enforcement, is the result of collaboration between officials from both countries. It is expected to result in better cooperation in civil court proceedings between the countries, Federal Attorney General Philip Ruddock said last week.

“This will benefit organisations conducting business across the Tasman and individuals caught up in trans-Tasman legal disputes,” Ruddock said.

While the two countries already have a “great deal” of trust and confidence in each other’s legal systems, Ruddock said, the discussion paper proposes greater cooperation in order to resolve trans-Tasman disputes more efficiently and at a lower cost. It is hoped the paper will help to reduce barriers to trans-Tasman trade.

The working group identified problems with the current trans-Tasman arrangement for service of process, taking evidence and enforcing judgements in civil penalty proceedings and certain criminal regulatory proceedings, the discussion paper states.

Australia and New Zealand courts have broad jurisdiction to allow service of proceedings on a defendant overseas, the paper states. “If a defendant served overseas does not submit to the court’s jurisdiction , the resulting judgement may not be enforceable in the other country. This is undesirable, given the increasing movement of people, assets and services across the Tasman.”

The working group recommends allowing initiating process in civil proceedings begun in an Australian jurisdiction, or any New Zealand court, to be served in the country without leave. Citing 10 other issues, the discussion paper invites appropriate submissions on the working group’s proposals.

The proposals are hoped to contribute to the success of closer economic relations between Australia and New Zealand and the move towards a single economic market. As well, the A-G said, they will assist in resolving personal disputes where one party has moved across the Tasman.

The proposed changes would make it possible to enforce civil penalties and certain criminal fines for regulatory offences across the Tasman. They would increase the effectiveness of both countries’ regulatory rules in areas where this is of mutual benefit.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Legal accord in trans-Tasman plan
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Warning
Aug 23 2017
NT Law Society sounds alarm on mandatory sentencing
The Law Society Northern Territory has issued a warning over mandatory sentencing, saying it hasn’...
Unite
Aug 22 2017
Professionals unite in support of marriage equality
The presidents of representative bodies for solicitors, barristers and doctors in NSW have come toge...
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by Crowd & Co. The way we do business, where we work, how we engage with workers, ev...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...