Private International Law in Australia, 5th edition
Authoritative and accessible analysis of the key principles of private international law
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The fifth edition of this highly regarded book provides a clear and comprehensive analysis of the principles of private international law and the methods by which such principles are applied to cross-border legal problems in Australia.
Important recent developments in Australian private international law are discussed, together with legislative reforms and significant decisions, particularly of Australian courts. The fifth edition introduces chapters on the taking of evidence across state and national borders.
The book provides an in-depth examination of the following subjects:
• introduction to private international law
• civil jurisdiction and judgments in international litigation
• civil jurisdiction and judgments in Australia and New Zealand
• taking of evidence for Australian and foreign court proceedings
• applicable law method
• international family law
• applicable law for obligations
• applicable law for property
• international company law
An understanding of the fundamental concepts in private international law is becoming increasingly important in legal practice, and the accessible style of this text makes it invaluable to both students and practitioners.
• Detailed discussion of all key areas
• Clear and accessible style
• Comprehensive range of topics
• Authoritative author team
• Bates, Conflict of Laws as Taxonomy: A New Approach, 2015
• Davies, Bell, Brereton & Douglas, Nygh’s Conflict of Laws in Australia, 10th ed, 2019
Table of contents
- Part 1: Introduction
- Ch 1: Scope, development and purpose
- Part 2: Civil jurisdiction and judgments in international litigation
- Ch 2: Jurisdiction
- Ch 3: Limits on jurisdiction
- Ch 4: Discretionary restraints on jurisdiction
- Ch 5: The enforcement of foreign judgments
- Ch 6: Taking of evidence
- Ch 7: International arbitration
- Part 3: Civil jurisdiction and judgments in Australia and New Zealand
- Ch 8: Personal jurisdiction in intranational and trans-Tasman cases
- Ch 9: Limits and discretionary restraints on jurisdiction
- Ch 10: The enforcement of judgments and taking of evidence
- Part 4: Applicable law method
- Ch 11: Applicable law method: The general part
- Ch 12: Applicable law method: Complications and exceptions
- Ch 13: Proof of foreign law
- Ch 14: Personal and corporate connections
- Ch 15: Constitutional limits on applicable law
- Ch 16: Statutes
- Part 5: International family law
- Ch 17: The validity of marriage and other adult relationships
- Ch 18: Separation, dissolution and annulment of marriage
- Ch 19: Parental responsibility
- Ch 20: Property and maintenance
- Part 6: Applicable law for obligations
- Ch 21: Contracts
- Ch 22: Torts
- Ch 23: Equitable claims and trusts
- Part 7: Applicable law for property
- Ch 24: The location and classification of property
- Ch 25: Transfer of property between living and corporate persons
- Ch 26: Succession to property on death
- Part 8: International company law
- Ch 27: International company law
- Ch 28: Corporate insolvency