Nygh’s Conflict of Laws In Australia, 10th edition (eBook)
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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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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
Mortensen, Garnett & Keyes, Private international Law in Australia, 4th ed, 2019
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