The HCCH Judgments Convention in Australian law

Michael Douglas, Mary Keyes, Sarah McKibbin, Reid Mortensen

Research output: Contribution to journalArticle

2 Citations (Scopus)

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.
Original languageEnglish
Pages (from-to)420-443
Number of pages24
JournalFederal Law Review
Volume47
Issue number3
Early online date15 Jul 2019
DOIs
Publication statusPublished - 2019

    Fingerprint

Cite this