Nygh’s Conflict of Laws In Australia, 10th edition

Nygh’s Conflict of Laws in Australia, 10th Edition is an essential guide to the principles governing cross-jurisdictional private law disputes

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ISBN/ISSN: 9780409349207
Release Date: October 01, 2019
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AUD$ 208.00
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ISBN/ISSN: 9780409349214
Release Date: October 01, 2019
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AUD$ 312.00
ISBN/ISSN: 9780409349221
Release Date: October 01, 2019
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Product description

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).


  • 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


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Table of contents

Part 1: General

Chapter 1 Introduction to the Subject

Chapter 2 Conflicts within Australia

Part II: Jurisdiction and Procedure

Chapter 3 Jurisdiction in Personam

Chapter 4 Interlocutory Relief

Chapter 5 Federal and Admiralty Jurisdiction

Chapter 6 Cross-Vested Jurisdiction

Chapter 7 Forum Selection and Arbitration Agreements

Chapter 8 Restraint of Local Proceedings: Clearly Inappropriate Forum

Chapter 9 Restraint of Foreign Proceedings: Anti-Suit Injunctions

Chapter 10 State Immunity, Act of State and Non-Justiciability

Chapter 11 Evidence From and For Other Countries

Part III: Choice of Law Generally

Chapter 12 Choice-of-Law Theories

Chapter 13 Personal Connecting Factors: Domicile, Nationality and Residence

Chapter 14 Characterisation and the Selection of the Lex Causae

Chapter 15 Renvoi and the Incidental Question

Chapter 16 Substance and Procedure

Chapter 17 The Pleading and Proof of Foreign Law

Chapter 18 The Exclusion of Foreign Laws and Institutions

Part IV: Obligations

Chapter 19 Contracts

Chapter 20 Torts

Chapter 21 Restitutionary Claims and Equitable Obligations

Chapter 22 Negotiable Instruments

Chapter 23 International Monetary Obligations

Part V: Family Law

Chapter 24 The Meaning of Marriage

Chapter 25 The Creation of a Valid Marriage

Chapter 26 Principal Relief: Dissolution, Annulment, Declarations and Legal Separation

Chapter 27 Matrimonial Property and Financial Relief

Chapter 28 The Welfare of Children

Chapter 29 The Status of Children

Chapter 30 Adoption

Chapter 31 Mental Incapacity

Part VI: Property

Chapter 32 Property: Preliminary Matters

Chapter 33 Transactions Between Living Persons

Chapter 34 Trusts

Part VII: Corporations and Insolvency

Chapter 35 Corporations

Chapter 36 Bankruptcy and Corporate Insolvency

Part VIII: Devolution on Death

Chapter 37 Administration of Deceased Estates

Chapter 38 Succession

Part IX: Arbitration

Chapter 39 Choice of Law in Arbitration

Part X: Recognition and Enforcement of Foreign Judgments and Awards

Chapter 40 Recognition and Enforcement of Foreign Judgments at Common Law

Chapter 41 Enforcement of Foreign Judgments by Statute

Chapter 42 Enforcement of Judgments Within Australia

Chapter 43 Enforcement of Foreign Arbitral Awards