The HCCH Judgments Convention in Australian law

Douglas, Michael and Keyes, Mary and McKibbin, Sarah and Mortensen, Reid (2019) The HCCH Judgments Convention in Australian law. Federal Law Review, 47 (3). pp. 420-443. ISSN 0067-205X


Abstract

In May 2018, the Hague Conference on Private International Law (‘HCCH’) produced a draft convention for the recognition and enforcement of foreign judgments. A Diplomatic Session of the HCCH is expected to take place in 2019 at which this draft ‘Judgments Convention’ will be presented. If a multilateral convention emerges from the Diplomatic Session, Australia is likely to be an early adopter: the Commonwealth Attorney-General’s Department conducted a public consultation on the draft Judgments Convention in 2018. Against that background, this article considers the impact of implementation of the Judgments Convention in Australia. It is argued that domestic legislation that emerges from the Judgments Convention will deliver an overdue refurbishment of the Australian law relating to the recognition and enforcement of foreign judgments. Australia’s adoption of the Judgments Convention ought to be welcomed.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: c. 2019 Australian national University.
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 July 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 July 2013 -)
Date Deposited: 01 Nov 2019 06:53
Last Modified: 17 Jan 2020 04:35
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180123 Litigation, Adjudication and Dispute Resolution
18 Law and Legal Studies > 1801 Law > 180107 Conflict of Laws (Private International Law)
Socio-Economic Objectives (2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940405 Law Reform
Identification Number or DOI: https://doi.org/10.1177/0067205X19856503
URI: http://eprints.usq.edu.au/id/eprint/36793

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