Nyghs Conflict Of Laws In Australia

The eighth edition of Nygh's Conflict of Laws in Australia provides an 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 section on jurisdiction and procedure has been expanded to reflect the increased significance in practice of disputes in those areas. The text also covers the legislation and civil procedure rules of all Australian jurisdictions as well as important common law developments.

Nygh¿s Conflict of Laws in Australia, 10th Edition is the leading text 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); ¿ 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; ¿ confirmation 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).

Fifth and revised edition of a text on the conflict of laws in Australia. Four new chapters have been written to take into account changes and developments in the law since the publication of the previous edition in 1986. Includes tables of cases and statutes.

Updated and revised seventh edition of a textbook for tertiary law students. Content covers all Australian jurisdictions, and the subject matter deals with the resolution of conflicts that arise because of the interaction between different legal systems. Includes discussions of family law, assignment of property, succession, bankruptcy, corporations and federal jurisdiction. Includes table of abbreviations, table of cases, table of statutes and index. Simultaneously published in hardcover and paperback. Nygh is a barrister and Visiting Professor at the University of New South Wales. Davies is Admiralty Law Institute Professor and Co-Director, Maritime Law Centre, University of Melbourne.

Designed to be used in conjunction with Conflict of laws in Australia, by P.E. Nygh.

This book presents a collection of leading common law cases in private international law ranging from the 18th to the 21st century. The cases traverse issues of jurisdiction, choice of law and the recognition and enforcement of foreign judgments. Questions of marital validity, domicile, foreign immovable property and choice of law in contract are just some of the topics that this collection examines. The 'unusual factual situations' of some 18th- and 19th-century English cases also reveal compelling human interest stories and political controversies worthy of further exploration. Drawing on a diverse team of contributors, this edited collection showcases the research of eminent conflicts scholars together with emerging scholars from the United Kingdom, Australia, Canada, Ireland and South Africa.

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. Features * Detailed discussion of all key areas * Clear and accessible style * Comprehensive range of topics * Authoritative author team Related Titles * Bates, Conflict of Laws as Taxonomy: A New Approach, 2015 * Davies, Bell, Brereton & Douglas, Nygh's Conflict of Laws in Australia, 10th ed, 2019

In this, the fourth edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what has emerged as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the five fundamental questions: When should a lawsuit be entertained by the courts? Which state’s law should be applied? When should a court that can entertain a lawsuit decline to do so? How wide ‘scope of jurisdiction’ should be afforded to a court with jurisdiction over a dispute? And will a judgment rendered in one country be recognized and enforced in another? Professor Svantesson identifies and investigates twelve characteristics of Internet communication that are relevant to these questions and then proceeds with a detailed discussion of what is required of modern private international law rules. Focus is placed on several issues that have far-reaching practical consequences in the Internet context, including the following: cross-border defamation; cross-border business contracts; cross-border consumer contracts; and cross-border intellectual property issues. A wide survey of private international law solutions encompasses insightful and timely analyses of relevant laws adopted in a variety of jurisdictions, including Australia, England, Hong Kong SAR, the United States, Germany, Sweden, and China, as well as in a range of international instruments. There is also a chapter on advances in geo-identification technologies and their special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts, as well as a set of practical checklists to guide legal practitioners faced with cross-border matters within the discussed fields. Professor Svantesson’s book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this complex and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable private international law rules for communication via the Internet.

A Conflict of Laws Companion brings together a group of expert authors to write essays in honour of Professor Adrian Briggs QC. Professor Briggs has been teaching in Oxford since 1980, and throughout that period, he has been an instrumental figure in shaping the conflict of laws in the UK and elsewhere and has inspired generations of students (future practitioners and judges) to take a close interest in the subject. His books, including Agreements on Jurisdiction and Choice of Law (OUP, 2008), The Conflict of Laws (4th edn, Clarendon, 2019), and Private International Law in English Courts (OUP, 2015), are among the most widely used and cited texts on the subject. The book is divided into four sections, exploring conflict of laws issues of different kinds and engaging with Professor Briggs' work on a diverse range of topics. Contributions by Professor Briggs' former colleagues build on his work in the conflict of laws and his immeasurable contributions as a teacher and researcher at the University of Oxford, not only to undergraduate teaching, but to his college (St Edmund Hall), the Law faculty, and the university. The book includes short personal submissions from each of the authors, all of whom studied alongside, have been taught or supervised by, or worked closely with Professor Briggs.

This is a fresh and incisive account of the principal elements that constitute conflict of laws in Australia.