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    Bartier Perry Lawyers

    Disputes frequently arise from transactions that span across borders, giving rise to issues related to jurisdiction and enforcement. This article explores the principles of Australian legislation and common law that govern the enforcement of foreign court judgments within Australia. Such enforcement becomes necessary when foreign judgment creditors seek access to assets located within the Australian jurisdiction. The inability to enforce judgments effectively against available assets renders these judgments useless, despite the significant time and financial resources invested in obtaining them.

    Our role is to assist commercial clients in comprehending their rights and making informed decisions in their international commercial relationships. By doing so, we aim to preserve the best chances of recovery or the ability to avoid recovery after obtaining a judgment in a foreign jurisdiction.

    Legislative Framework The enforcement of foreign judgments in Australia is regulated by two key instruments:

    1. The Foreign Judgments Act 1991 (Cth) (the Act)
    2. The Foreign Judgments Regulations 1992 (Cth) (the Regulations)

    These legislative instruments exclusively apply to judgments issued by courts in countries specified in the Schedule to the Regulations, known as “Scheduled Countries.”

    The Act and Regulations establish a system for Australian courts to recognize, enforce, set aside, or stay foreign judgments. Essentially, judgment creditors from Scheduled Countries can apply to the appropriate Australian court within six years of the foreign judgment’s date to register it as an enforceable judgment in Australia. Once registered, the ordinary enforcement mechanisms under Australian law become available. These mechanisms will be discussed later in this article.

    Moreover, Australia is a party to international bilateral treaties that govern the cross-border enforcement of foreign awards and judgments. An example of such a treaty is the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters 1994, which Australia has with the United Kingdom.

    Although Australia is not a signatory to the Hague Convention on Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters 1971, it is a party to the 1965 Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil/Commercial Matters (Hague Convention). This convention is relevant to issues of cross-border service and jurisdiction, as discussed below.

    In practice, enforcing foreign judgments under Australian common law principles is often more complex and costly than relying on the Act and Regulations. Therefore, commercial clients should seek advice regarding potential future disputes and enforcement options before engaging in transactions with foreign parties. It’s worth noting that this article does not cover arbitration or other alternative methods that can be used to resolve disputes in this context, and advice should be sought on those matters as well.

    Common Law Position If the country in which the original judgment was issued is not one of the Scheduled Countries specified in the Act and Regulations, the following common law conditions must be met to enforce the foreign judgment in Australia:

    1. The foreign judgment must be final and conclusive.
    2. The foreign court must have valid jurisdiction over the defendant or judgment debtor, which Australian courts would recognize.
    3. There must be identical parties involved in both the foreign and Australian jurisdictions.
    4. The judgment debt must be a fixed monetary sum and not an unliquidated damages award.

    The following process applies when enforcing a foreign judgment in Australia based on common law principles:

    1. The foreign court must render a judgment in favor of the judgment creditor.
    2. The foreign judgment creditor must initiate fresh proceedings in an appropriate Australian court with competent jurisdiction to seek recognition and enforcement of the foreign judgment within Australia.
    3. A final and conclusive money judgment issued by a foreign court with recognized jurisdiction is presumed entitled to enforcement in Australia. However, debtors can raise limited common law defenses to resist the recognition of foreign judgments in Australian courts. These defenses include situations where the foreign judgment was obtained through fraud, contravenes Australian public policy, violates principles of natural justice recognized in Australia,
  • business coach in Brisbane Australia AbundanceGlobal
    business

    How to find a Business Coach in Brisbane

    When using a business coach one of the main issues to focus on is how to identify weaknesses in your company’s business strategy

    There are several ways to identify weaknesses in a company’s business strategy including these few methods that you could implememnt:

    1. Competitive analysis involves looking at the company’s competitors and see if they are doing anything that the company is not. Are they reaching new markets or customers that the company is not? Are they using new technologies or business models that the company is not? This can help you identify areas where the company is falling behind its competitors.
    2. SWOT analysis consists of a tool that can be used to identify a company’s strengths, weaknesses, opportunities, and threats. By identifying the company’s weaknesses, you can pinpoint areas where the company needs to improve.
    3. Financial analysis including looking at the company’s financial statements and see if there are any red flags. Are revenues decreasing? Are expenses increasing? Are profits declining? These could all be signs of a weakness in the company’s business strategy.

    Then at a secondary level you can get a business coach like Abundance Global to implement

    1. Market research: Conducting surveys, interviews or focus groups with the target audience and current customers can help you understand their needs and preferences, if the company is meeting them or not, and if not, what are the areas that the company is lacking in.
    2. Benchmarking: Compare the company’s performance and strategies with industry leaders and see where they are excelling and where they are falling behind.
    3. Employee feedback: Employee feedback is a valuable source of information on the company’s internal operations and can give insights on areas of improvement, like employee satisfaction, communication, or company culture.

    It’s important to keep in mind that a company’s business strategy can have multiple weaknesses, and that different methods may reveal different insights. Also, it’s important to consider the industry and market context, as well as the company’s goals and objectives.

    Once you have identified the weaknesses, you can develop recommendations to address them. This can include developing new products or services, entering new markets, or rethinking the company’s overall approach to its business.

    Also, make sure to take a holistic approach and consider the company’s internal and external factors before making any conclusions.

    AbundanceGlobal are business coaches in Brisbane, professionals who help individuals or organizations improve their performance and achieve their goals. They work with a wide range of clients, from small business owners to CEOs of large corporations, and in a variety of industries.

    Abundance Global Business coaches typically use a variety of techniques and approaches, such as goal setting, problem solving, and action planning, to help clients identify and overcome obstacles that are preventing them from achieving their goals. They may also use techniques such as mentoring, counseling, and training to help clients develop the skills and knowledge they need to succeed.


     

  • Black Collections
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    Collections 2021 – Dan Croke musings

    According to Dan Croke, the Australian fashion statement has always been in the limelight and has always been associated with sophistication, style and sexiness. The black outfits perfectly match up to shiny metallic or silver accessories and the black boots complement well with other accessories such as the silver shoes. The black jackets give the same kind of sleek appearance to the black outfits. Along with black jackets, black coats give a cool, casual look to black women’s clothing. Along with black coats, black tops and black boots are also in vogue today. The black women’s dress tops and black jackets lend black outfits a sporty and playful look.   If you are looking for black women’s formal wear then black evening gowns are one of the most popular styles in black fashion. There are many black evening gowns available in stores today. Most of these gowns are imported and designer and include fine embroidery work on them. You can choose from the black evening gowns that include sequined sleeves, black sashes and fine detailed bodice.   Apart from black evening gowns, black dresses and black skirts are also in vogue. These black outfits perfectly match up to black shoes and a black belt. Black knee length black dresses are also in vogue today along with black pants and black boots. For women who want to play up their femininity, black high leg stockings, black stockings and black high heels are perfect. Black high heel boots look very trendy nowadays and black stockings and black hose are ideal for black women’s formal dresses. The black women’s formal wear can be accessorized with bracelets and jewelry in black.

    About The Author

    Dan Croke

    Dan Croke was a disadvantaged young man living in relative poverty in his formative years. Dan Croke then became a giver to others, not a taker. In this interview Dan Croke explains how coming from a childhood of “living from hand to mouth” led to a lifetime of him trying to create sustainable wealth for his family and also to give back to people he felt had been left behind.

    Dan Croke is now a successful property investor, helping others to achieve financial freedom through investing. This Brisbane man, Dan Croke, who grew up in Warwick, Qld, moved to Brisbane and went on to become a wealthy property investor, having so far acquired almost 200 properties, some of which are individually worth as much as $5M and $10M. He has silently and anonymously helped scores of people over the years

    You can find more at the Dan Croke website or by watching “A Current Affair” on Channel 9 from the 28th January 2021 about  the secret philanthropist: Dan Croke.

    Connect with Dan Croke on Zoom

    the author

     

  • Uncategorized

    Living the Life Whilst on the Road

    When travelling to and through the world, two important aspects are accommodation and travel accessories. In order to fully experience the splendours of a particular culture, one needs to have the right combination of both. Travelling can be a very memorable experience if it is planned and undertaken correctly. Here are some things to consider when travelling and how to enhance their comfort and enjoyment:

     

    * World travellers must choose between luxurious accommodations and economical hostels. Many people often opt for accommodation first, with little consideration for the quality of the hostel. Such a choice usually means choosing between poor quality mattresses in dorm-style rooms, or uncomfortable but spacious beds in hostels. While both provide adequate accommodation, there are major differences in the level of luxury offered by each.

     

    * Local entertainment is a major contributor to world travellers’ experience. Not only is local entertainment important to tourists, it is also crucial to local economies. While enjoying local entertainment is an important aspect of world travel, it needs to be balanced with good local transportation. For travellers travelling on a budget, this can mean choosing a good bus service or taxi service instead of relying on luxury hotels. It can also mean choosing a theatre or concert hall that is not the most expensive in town. Local entertainment is not the preserve of expensive hotels and should form a major part of all travellers’ travel expenses.

     

    * The best way to ensure a comfortable stay is to choose accommodation that provides a mix of comfort, convenience and features. Luxury accommodations are almost always tailor made to meet the needs of a discerning traveller. They will offer amenities such as a large, fully-equipped bedroom, internet, television, exercise and/or fitness equipment, room service, and luxurious amenities such as saunas and Jacuzzi baths. However, this is not to say that other accommodations do not offer these amenities, as some travellers prefer not to compromise on certain luxuries.

     

    * A healthy lifestyle is not just about eating well and working out. You also have to consider your mental and emotional health. If you are travelling to a country with language or culture barriers, you need to ensure that you are able to interact with the local people. While eating well and working out can help you feel healthy, it is important to have a healthy mental and emotional outlook on life. While it might not seem important in a modern setting, it definitely is to local travellers, who need to know that a strong mental and emotional wellness is a key component of staying youthful and fit.

     

    * A big factor in travellers lifestyles is the ability to adapt. Whether in another city or country, if you are used to one way of life, you will need to adjust when first moving to a new location. Adapting to a new environment and local customs requires a lot of research and potential trial and error.

     

    * Many travellers who return home are not used to being away from their home environments. This can cause shock and anxiety. Try to make the transition as smooth as possible by keeping up with local businesses. Try to spend time in the local cafes, markets and restaurants as much as possible.

     

    * In some cases, local businesses are actually more expensive than large chain stores. Try going back to your roots and supporting a local business as much as possible. Smaller local businesses tend to generate more income for the local economy. If you can’t afford local business, look for ways to support those small local businesses in your travels’ customs section!

  • Uncategorized

    Looking for Great home decor ideas…

    In this article, I will discuss some simple and affordable ways to update your Sydney home decor. Decorating your home is an important decision and should not be taken lightly. It can completely transform the way you live in your home. The latest home decor ideas are plentiful and many different styles, themes, and designs can be used to create an elegant and luxurious living space. You should consider professional painters and dcorators and a top name interior design if you really want to compete in “the look” for 2021 in the Eastern Suburbs.

     

    One of the latest home decor ideas is to enhance the overall lighting in rooms. Nowadays, chandeliers have become very popular and stylish. Whether your house has a modern appearance or a traditional one, having a chandelier can give your rooms an elegant and sophisticated look. You can use them in the living room, dining room and even in bedrooms. If you are short on budget, you can just install some compact chandeliers around the house such as in your bathroom and kitchen areas.

     

    Another latest home decor idea that is gaining popularity nowadays is the use of modern furniture and furnishing items. Modern furniture items such as contemporary desks, tables, chairs, and sofas are ideal to brighten up your space. They are very versatile and can easily blend with any type of interior decor. There are so many types of modern furniture available and each of them serves a specific purpose.

     

    The latest home decor ideas also include wall paintings and murals. Murals are small paintings which can easily be installed on walls to provide a beautiful and enchanting ambiance to your rooms. Some wall murals can be easily found in the market and they are very affordable and can be easily replaced whenever needed.

     

     

    If you have some spare cash, then you can even consider going for small but meaningful gifts such as knickknacks. You can purchase unique decorative items that will help you liven up your home and add more style to it. Small decorative items can easily be found at local furniture stores and various home decorating stores over the internet. So, go ahead and spruce up your space with latest home decor ideas.

     

    To sum it all up, the most important thing to remember while planning for latest home decor ideas is that your personal taste should be given importance. You need to feel good about remodeling your own house. You should feel comfortable with the designs and colors that you choose. Once you have chosen the colors and designs for your walls, then only you can decide on how much money you want to spend on decorating your house.

  • Uncategorized

    Princess Beatrice’s courtship with Folly?

    In this season’s finale of Broadway’s longest running show, “asinhen,” the stage curtain rises on the story of Princess Beatrice’s courtship with her future husband, Alex Cross. Although the first glance at this musical depicts a traditional courtship, the story quickly reveals a different story of how love blossoms. The true story of their courtship is one that lasts throughout the play and into the end of the play. In the process of the play, we witness the lengths to which Princess Beatrice will go to ensure that her Prince Charming agrees to marry her.

     

    We see this in the early moments of their courtship, when the bride prays for the Prince to come to her and offers her most precious gemstone to him. Although Prince Alex knows that she is the most eligible candidate for his heart, he is reluctant to leave his home and marry her. He tells her that he has never loved anyone before and that it is because of her that he loves her that he is willing to wed her. Princess Beatrice understands that the reason that the prince is so scared to marry her is that he does not know that she is the princess that he always wanted to marry and that she is the bride that will make him happy.

     

    After the joyful wedding, Prince Alex comes back home to find that the wedding party has gathered to celebrate his return. At first he is disappointed that his bride has not offered to marry him, but when he finds out that she has been courting him all along, he changes his mind and accepts her offer. This is the beginning of the play’s climax, when the happily married couple is crowned together. As they kiss and look at one another, the audience realizes that the love that had begun in their courtship had blossomed into a love that will last for their rest of lives.

     

    It is only when Princess Beatrice realizes that her father did not support her marriage that she considers divorce. Although the play does not present the reasons why this happens, it can be assumed that the father and his son were not in love. For the sake of their father and their son’s future happiness, the couple decides to wed. Although their marriage is not formally declared, the couple feels as if they are finally complete.

     

    The play continues with Prince Alex and Princess Beatrice’s courtship. Their relationship develops rapidly, and it turns into a very loving relationship that they share for the rest of their lives. When the king of England dies, his crown goes to his only daughter Princess Beatrice. She immediately begins to fall in love with the young prince, and even though Prince Alex is initially reluctant to marry her, he decides to marry her anyway.

     

    The final scene of the play shows the couple seated on their newlywed bed, talking about how their love for each other has grown over the years. They exchange words of love for the people of Greece and Rome. Then, as their relationship grows, the prince asks Princess Beatrice to marry him. She gladly accepts his proposal. At the end of Act I, we see that Prince Alexander and Princess Beatrice have become happily married.

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    Valentines ideas for the Professional Woman

    Unexpected gifts are the Best

    Daring Valentine’s Day ideas, we have a fabulous collection of personalized business gifts for that special someone. It may be hard to think that men would care about business gifts, but the truth is, they do. This makes it easier to find creative and fun ideas for personalized gifts that are sure to impress. For the professional woman, you know that you can’t go wrong when it comes to Valentine’s Day presents.

     

    For the most part, women know what they want. They have their ideal man, their career, and family to thank for all they have. But every woman has a need for excitement, variety, and diversity in her relationships. By offering her a wide selection of exciting products, you can enhance those relationships and create new ones.

     

    Every woman loves receiving jewelry. Not just any jewelry, but sparkly pieces that reflect her personality and add that special touch. Inexpensive silver pieces are great for the budget-conscious, while diamond jewelries speak of elegance and wealth. Think about incorporating one or two pieces with a classic piece that she loves. That way, she gets the benefits of both kinds of jewels without spending a fortune on either one.

     

    When it comes to accessories, nothing brings a woman more joy than jewelry. Women can show off their unique sense of style with beaded bracelets, earrings, necklaces, and more. Even though we have gotten away from the traditional heart-shaped pendants, it’s never too late to switch things up. A small box with some chocolates or a card thanking her for her thoughts would make a thoughtful gift.

     

    If you know her job, consider presenting her with a business card or other item to accentuate her professional side. For instance, if she works in an accounting office, you could present her with a business card with her name engraved. Or if she works in a law firm, maybe a leather portfolio will do. Just make sure it’s not too business-like; after all, it’s Valentine’s Day! If she likes the sort of music that you do, maybe consider presenting her with a CD or DVD of your favorite tracks. She can enjoy that while working hard at her profession.

     

    Jewelry is very personal, so if you have any particular favorites, don’t hesitate to let her know. After all, you’ll have spent some time together making the choice, so why not give her something to remember it by? If she already has a nice jewelry collection, ask her to pick out a few items for you. Or you can select a nice necklace or earrings and surprise her. It’s all about your timing.

     

    Although you might want to wait until the last minute, don’t worry if it’s raining or if there’s a storm coming. Chances are that she’ll still love it when it’s raining or there’s a storm. If she’s home when it happens, however, just pop the champagne on and enjoy it. It will be memorable, and she’ll surely appreciate it. And if she’s not home, you might even get her to dance along to your favorite song on the radio.

     

    Of course, one of the best gifts you could ever present on this day is an opportunity for her to spend some time with you. Plan ahead, and make arrangements for a nice long drive ahead of time. She’ll really appreciate this gesture, and she’ll feel very lucky to have you in her life.

     

    Of course, you should definitely include something special for her before you finally wrap up the deal. Write her name on the card and include a heart-shaped charm. If you’ve been together for a while, you can easily find a heart-shaped charm somewhere in your own home. Or maybe you’ve found a particularly pretty charm at a flea market. Whatever it is, it will make her extremely happy on Valentine’s Day.

     

    Now that you’re done shopping, the best gifts you can give her are those that you’ve created yourself. Create something special with her, and show her that you’ve always known how much she means to you. Maybe she’s the type of girl who’s always asking you to do something nice for her, and she loves to receive cards and gifts. Show her that you’ve always thought of her as an important person in your life.

     

    Whatever you do, don’t forget about the chocolate! It’s one of the most popular gifts you can give on Valentine’s Day, and you’ll be glad you took that step! Women love chocolate, and you can certainly make her very happy on this special day.