Nygh's Conflict of Laws in Australia

Martin Davies, Andrew Bell, Paul Le Gay Brereton, Michael Douglas

Research output: Book/ReportBook

Abstract

Nygh’s Conflict of Laws in Australia, 10th Edition is the leading text 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);
- 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;
- confirmation 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).
Original languageEnglish
Place of PublicationAustralia
PublisherLexisNexis Butterworths
Number of pages1098
Edition10
ISBN (Print)9780409349207
Publication statusPublished - 1 Oct 2019

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