Nygh's conflict of laws in Australia / Martin Davies, Andrew Bell, Michael Douglas, Perry David Herzfeld.

St. Leonards, N.S.W. : LexisNexis Australia, 2026.

11th edition

203145

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 governing law

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

Part VIII: 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.

This 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 eleventh edition has been comprehensively revised and updated. It includes discussion and analysis of significant developments in the field, including: reference to all High Court and intermediate Australian appellate court decisions on private international law since the last edition ; updated statutory references ; adoption by all jurisdictions of uniform rules for service of originating process outside Australia without leave ; the ever-expanding body of case law involving transnational litigation including in relation to exclusive jurisdiction clauses and arbitration agreements, anti-suit injunctions and the relatively new phenomenon of anti-enforcement injunctions ; an expanded chapter on the cross-vesting regime as between Australian courts ; developments from foreign jurisdictions including England, Singapore, Hong Kong and New Zealand. - Publisher's website.

Previous editon 2020.

Includes bibliographical references and index.

Conflict of laws in Australia

9780409359107

cxlvii, 1239 pages ; 25 cm