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

Conflict of Laws

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

Edited by Martin Davies · Andrew Bell · Paul Brereton
LexisNexis Australia October 2019

Specifications

ISBN-13
9780409349207
Publisher
LexisNexis Australia
Publication
October 2019
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

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

Table of Contents

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

About the Author

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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