Dr Christopher Ward SC recently spoke in Hong Kong at a major international conference conducted by the Hague Conference on Private International Law. The full conference proceedings is available on the HCCH 125 website. Dr Ward’s session is also available on YouTube.
Sessions discussed all major topics of private international law and commercial law, including the recognition of judgments, choice of law, and the current work of the Hague Conference.
The barristers of 6 St James’ Hall have a depth of experience in major private international law matters. Recent and current significant cases include multinational employment disputes, cross border pharmaceutical and manufacturing disputes, foreign law disputes in aviation matters including the freight cartel class action and the establishment of foreign subsidiaries for listed Australian airlines.
LFDB v SM [2017] FCAFC 178
The Full Federal Court has strongly supported the mutual recognition of judgment provisions of the Trans-Tasman Proceedings Act. The Full Court upheld the registration of a significant money judgment obtained in New Zealand. The Appellant had been ‘debarred’ by an 'unless order' from participation in the original New Zealand proceedings. The Full Court rejected the argument that the New Zealand proceedings offended Australian public policy and procedural fairness requirements and upheld the underlying principle of reciprocal recognition of judgments from New Zealand. The Full Court found that New Zealand 'unless orders' were simply a form of peremptory order by which courts were able to control their processes. The Full Court also confirmed the jurisdiction of the Federal Court in relation to the enforcement of New Zealand judgments.
From the Federal Court of Australia:
PRIVATE INTERNATIONAL LAW – appeal from the dismissal by the primary judge of an application under s 72(1) of the Trans-Tasman Proceedings Act 2010 (Cth)to set aside the registration of a judgment of the High Court of New Zealand in relation to proceedings under the Property (Relationships) Act 1976 (NZ) – whether enforcement of judgment would be contrary to public policy in Australia
Dr Christopher Ward SC and Dr Stephen Tully successfully appeared for the respondent.