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Nygh's Conflict of Laws in Australia, 10th Edition

Nygh's Conflict of Laws in Australia, 10th Edition

  • Author:
  • Publisher: LexisNexis Australia
  • ISBN: 9780409349207
  • Published In: October 2019
  • Format: Paperback
  • Jurisdiction: Australia ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
  • Author 
  • Details

    Nygh’s Conflict of Laws in Australia, 10th Edition provides authoritative and comprehensive coverage of the three main areas of private international law: jurisdiction, choice of law and recognition and enforcement of foreign judgments and arbitral awards. The wide-ranging subject matter includes international commercial dealings and other civil obligations, administration of estates and succession, international child abduction, adoption, proof of foreign law, and the recognition of same-sex marriages. It covers the legislation and civil procedure rules of all Australian jurisdictions as well as important common law developments. The clear explanations of complex concepts make Nygh’s Conflict of Laws in Australia ideal for both legal practitioners and students of conflict of laws or private international law.

    The tenth edition has been comprehensively revised and updated. It includes discussion and analysis of significant developments in the field, including:

    • expanded discussion of the definition of marriage, following Commonwealth v Australian Capital Territory (2013) and the implications of the Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth)
    • recent changes to the Uniform Civil Procedure Rules regarding service outside of the jurisdiction, now reflected in the rules of many Australian jurisdictions;
    • consideration of principles on arbitration and jurisdiction agreements by Rinehart v Hancock Prospecting Pty Ltd (2019);
    • recent case developments in respect of foreign state immunity, including Firebird Global Master Fund II Ltd v Republic of Nauru (2015);
    • the interaction between choice-of-law clauses and forum statutes, including treatment of the Australian Consumer Law in Valve Corporation v Australian Competition and Consumer Commission (2017); and
    • clarification of principles on foreign maritime liens in Ship Sam Hawk v Reiter Petroleum Inc (2016).

    Features

    • Provides clear explanations of complex concepts
    • Authoritative authors
    • Comprehensive coverage
    • Covers legislation and civil procedure rules of all Australian jurisdictions
  • 1. Introduction to the Subject
    2. Conflicts within Australia
    3. Jurisdiction in Personam
    4. Interlocutory Relief
    5. Federal and Admiralty Jurisdiction
    6. Cross-Vested Jurisdiction
    7. Forum Selection and Arbitration Agreements
    8. Restraint of Local Proceedings: Clearly Inappropriate Forum
    9. Restraint of Foreign Proceedings: Anti-Suit Injunctions
    10. State of Immunity, Act of State and Non-Justiciability
    11. Obtaining Evidence from Overseas
    12. Choice of Law Theories
    13. The Personal Connecting Factor
    14. Characterisation and the Selection of the Lex Causae
    15. Renvoi and the Incidental Question
    16. Substance and Procedure
    17. The Pleading and Proof of Foreign Law
    18. Exclusion of Foreign Laws and Institutions
    19. Contracts
    20. Torts
    21. Restitutionary Claims and Equitable Obligations
    22. Negotiable Instruments
    23. International Monetary Obligations
    24. The Meaning of Marriage
    25. The Creation of a Valid Marriage
    26. Principal Relief: Dissolution, Annulment, Declarations and Legal Separation
    27. Matrimonial Property and Financial Relief
    28. The Welfare of Children
    29. The Status of Children
    30. Adoption
    31. Mental Incapacity
    32. Property: Preliminary Matters
    33. Transactions between Living Persons
    34. Trusts
    35. Corporations
    36. Bankruptcy and Corporate Insolvency
    37. Administration of Deceased Estates
    38. Succession
    39. Choice of Law in Arbitration
    40. Recognition and Enforcement of Foreign Judgments at Common Law
    41. Enforcement of Foreign Judgments by Statute
    42. Enforcement of Judgments within Australia
    43. Enforcement of Foreign Arbitral Awards

  • Martin Davies is Admiralty Law Institute Professor of Maritime Law at Tulane University Law School, Director at Tulane Maritime Law Center, and Professional Fellow at the University

    Andrew Bell is Senior Counsel (New South Wales), Adjunct Professor at University of Sydney Law School, and Senior Fellow at University of Melbourne Law School.

    Justice Paul Brereton is a Judge of the Supreme Court of NSW.

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