Abstract
The Attorney-General's Department is currently negotiating a draft convention to establish uniform rules for the recognition and enforcement of foreign judgments in civil or commercial matters (the Hague Conference Judgments Project).
The draft convention aims to provide parties to litigation with a simple framework that will govern how a judgment in one contracting state (a state that signs up to the convention) can be recognised and enforced in another contracting state. The main goals of the convention are to:
- enhance access to justice
- reduce the costs of and streamline legal processes involved in cross-border dealings, and
- help address associated risks.
Public submissions were invited on the topics raised in the consultation paper below. Discussion questions were included as guidance only and are not intended to limit the scope of responses.
The paper provides a short description of current pathways for recognition and enforcement of foreign judgments in Australia, and outlines key provisions and their rationale (including in relation to intellectual property matters) in the draft convention.
The draft convention aims to provide parties to litigation with a simple framework that will govern how a judgment in one contracting state (a state that signs up to the convention) can be recognised and enforced in another contracting state. The main goals of the convention are to:
- enhance access to justice
- reduce the costs of and streamline legal processes involved in cross-border dealings, and
- help address associated risks.
Public submissions were invited on the topics raised in the consultation paper below. Discussion questions were included as guidance only and are not intended to limit the scope of responses.
The paper provides a short description of current pathways for recognition and enforcement of foreign judgments in Australia, and outlines key provisions and their rationale (including in relation to intellectual property matters) in the draft convention.
Original language | English |
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Publisher | Council of Attorneys-General |
Number of pages | 9 |
Publication status | Published - Apr 2018 |