Dr Anton Trichardt on the Enforcement of Foreign Judgments

23 June 2016

Dr Anton Trichardt on the Enforcement of Foreign Judgments

Dr Anton Trichardt presented a paper on 20th June 2016 as part of a Victorian Bar CLE presentation with fellow speaker Simon Lee.

Dr Trichardt spoke on the subject of Enforcement of Foreign Judgments and the Privy Council’s recent decision in Vizcaya Partners Ltd v Picard and Anor [2016] UKPC 5.

In its advice delivered on 3 February 2016 on an appeal from the Gibraltar Court of Appeal, the Privy Council (Lords Neuberger, Mance, Clarke, Sumption, and Collins) examined when a judgment debtor will be regarded as having agreed to the jurisdiction of a foreign court (in advance rather than by appearance) so that a foreign default judgment may be enforced against him in another jurisdiction (in this case Gibraltar). The Board’s advice also provides a convenient summary of the role of experts on foreign law.

Although the decision is not binding on English or Australian courts, it will no doubt be highly persuasive, particularly as the advice was given by Lord Collins.

For a copy of Dr Trichardt's paper, or to brief Dr Trichardt, please contact Tammy Young on +61 3 9225 6777 or after hours on +61 (0)414 523 515.