Private International Law - litigating in the trans-Tasman context and beyond

Published: 09-08-2012 Authors: David Goddard KC and Prof Campbell McLachlan KC Pages: 205
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Published: 9 August, 2012
Pages: 205

Transactions and people cross borders with ever greater frequency. The Internet (along with other developments in technology) has made it simpler and less expensive than ever before to communicate across borders, and to deal with people anywhere in the world. Global trade continues to grow, and international air travel continues to increase dramatically. As the practical importance of borders diminishes, it is increasingly common for lawyers to encounter transactions, relationships and disputes that have connections with more than one country. These cross-border situations raise special issues which are not encountered in a purely domestic context. New Zealand lawyers need to have at their disposal the legal tools required to address these cross-border issues.

Private international law, or “conflict of laws” as the subject is also known, is the body of law concerned with the issues which arise where transactions, relationships or disputes have connections with more than one country. The subject is concerned with topics as diverse as the jurisdiction in which billion dollar financing agreements may be enforced, the risks facing an Internet service provider (ISP) in relation to untrue statements on a website that can be accessed from anywhere in the world, and trying to enforce a New South Wales District Court judgment against a judgment debtor living in New Zealand.

David Goddard QC Prof Campbell McLachlan QC
David Goddard KC
Wellington
Prof Campbell McLachlan KC
Wellington
 

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