Jan 30, 2024 · When the parties have not expressly chosen an applicable law, the Courts will need to determine what law applies based on the details of the contract and the surrounding …

Officials should identify whether the legislation needs to take into account conduct outside New Zealand, people or assets outside New Zealand, or cross-border transactions. This includes …

46 This refers to Australian choice of law rules – in other words, this question is determined according to the governing law of the choice of court agreement, identified by reference to the …

Dec 15, 2023 · This first element of a governing law clause gives parties the authority to choose the law that governs their contractual agreement. This decision dictates the interpretation and …

There is no specific choice of law rule for consumer contracts, so there is no guarantee that New Zealand law will apply to contracts with New Zealand consumers.

The principle issue was whether the law of Australia or China was to be applied to decide the limitation period. The majority (Gleeson CJ; Gummow and Hayne JJ) held that the lex loci …

In the common law world contracts (at least wholly written ones) are interpreted objectively.6 This means that the uncommunicated subjective intentions of the parties to the contract are not …

Regulators face complexity and challenge as they apply the law in their day-to-day work. Knowing and applying the law well leads to robust regulatory outcomes, provides guidance and helps …

This article focuses on governing law and jurisdiction clauses that will routinely be included in your contracts and some important issues about their effect if a dispute arises.

The Trans-Tasman Proceedings Act 2010 was introduced to streamline civil legal processes between Australia and New Zealand. The Act applies to most civil proceedings, ensuring that …