Nygh's Conflict of Laws In Australia

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

Related Titles

Mortensen, Garnett & Keyes, Private international Law in Australia, 4th ed, 2019

About the Authors

Martin Davies is the Admiralty Law Institute Professor of Maritime Law and Director of the Tulane Maritime Law Center, Tulane Law School, New Orleans, and a Professorial Fellow at the University of Melbourne. He has been the recipient of several teaching awards. Andrew Bell is President of the New South Wales Court of Appeal and Adjunct Professor of Law at the University of Sydney Law School.

Paul Le Gay Brereton is a Judge of the New South Wales Court of Appeal, and Deputy Chairperson of the New South Wales Law Reform Commission. Michael Douglas is Senior Lecturer at UWA and a barrister and solicitor of the Supreme Court of Western Australia.