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$ 176.00
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Book (Hardback)
ISBN/ISSN: 9780409349214
Release Date: October 01, 2019
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AUD$ 265.00
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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).

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

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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