Nygh's conflict of laws in Australia / Martin Davies, Andrew Bell, Paul Le Gay Brereton, Michael Douglas.

Chatswood, N.S.W. : LexisNexis Butterworths, 2020.

10th edition

89245

Conflict of laws in Australia.

Conflict of laws -- Australia.

Part 1: General

1. Introduction to the subject

2. Conflicts within Australia

Part II: Jurisdiction and procedure

3. Jurisdiction in personam

4. Interlocutory relief

5. Federal and admiralty jurisdiction

6. Cross-vested jurisdiction

7. Forum selection and arbitration agreements

8. Restraint of local proceedings: clearly inappropriate forum

9. Restraint of foreign proceedings: anti-suit injunctions

10. State Immunity, Act of state and non-justiciability

11. Evidence from and for other countries

Part III: Choice of law generally

12. Choice-of-law theories

13. Personal connecting factors: domicile, nationality and residence

14. Characterisation and the selection of the lex causae

15. Renvoi and the incidental question

16. Substance and procedure

17. The pleading and proof of foreign law

18. The exclusion of foreign laws and institutions

Part IV: Obligations

19. Contracts

20. Torts

21. Restitutionary claims and equitable obligations

22. Negotiable instruments

23. International monetary obligations

Part V: Family law

24. The meaning of marriage

25. The creation of a valid marriage

26. Principal relief: dissolution, annulment, declarations and legal separation

27. Matrimonial property and financial relief

28. The welfare of children

29. The status of children

30. Adoption

31. Mental incapacity

Part VI: Property

32. Property: preliminary matters

33. Transactions between living persons

34. Trusts

Part VII: Corporations and insolvency

35. Corporations

36. Bankruptcy and corporate insolvency

PartVIII: Devolution on death

37. Administration of deceased estates

38. Succession

Part IX: Arbitration

39. Choice of law in arbitration

Part X: Recognition and enforcement of foreign judgments and awards

40. Recognition and enforcement of foreign judgments at common law

41. Enforcement of foreign judgments by statute

42. Enforcement of judgments within Australia

43. Enforcement of foreign arbitral awards.

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). Features: Provides clear explanations of complex concepts. Authoritative authors. Comprehensive coverage. Covers legislation and civil procedure rules of all Australian jurisdictions. - Publisher's website.

Includes bibliographical references and index.

9780409349207

cxxx, 1098 pages ; 25 cm