PLANNED REGULATORY CHANGE
Title / Driving micro-economic reform through the establishment of more cohesive and clearer jurisdictional, applicable law and choice of court rules
Description of issue / Private international law addresses legal disputes or relationships that are not contained to one jurisdiction. Traditionally, the rules comprising private international lawdeal with questions concerning jurisdiction and the selection of fora, applicable law and recognition and enforcement of awards or judgments. These rules underpin all civil and commercial subject matters, ranging from contract and family law issues to tort and property related matters
Clear and cohesive private international law rules are an indispensable element for economic growth, including growth through free movement of persons, goods, services and capital. They increase certainty in international dealings and simplify the resolution of disputes with across-border element. In particular, they increase the predictability of outcomes, reducing transaction, litigation and enforcement risks and costs for businesses and individuals.
Consultation opportunities / The Project will be accompanied by broad consultations.
The Standing Committee on Law and Justice agreed to the establishment of a small expert advisory group that comprises leading academics, legal practitioners and business leaders. This group will have an advisory function and will serve as a sounding board for the project.
In early September 2012, we will release a discussion paper specifically designed for experts. We anticipate that it will be circulated to judges, legal practitioners, law societies, bar associations and academics. The paper will seek discover those regulatory areas that provide genuine barriers to trade, commerce, investmentor the mobility of people.
At the same time, we envisage to conduct a broad survey, specifically targeting businesses and consumers. The survey will be available in hard copy and as online tool. We also anticipate that the survey will be augmented with voluntary telephone interviews. The survey’s aim is gathering data that will show how existing differences amongst jurisdictions negatively effect business and consumers.
Expected timetable / The Project commenced in April 2012 and is expected to conclude in April/May 2013.
Significant milestones include the release of the discussion paper and survey (early September 2012), a private international law symposium (in October 2012), the completion of the analysis of the survey results and of the responses to the discussion paper and the preparation of a report and recommendations (February/March 2013) and approval of the report by the Standing Committee on Law and Justice (April/May 2013).
The Standing Committee on Law and Justice may also decide to authorise recommended reforms as identified in the report. These reforms would require separate timetables.
Contact details / Thomas John
Principal Legal Officer
Private International Law Section
E:
T: (+61)(02)6141 3090
F: (+61)(02)6141 5452
Date last modified / 1 June 2012

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