Conflict of Laws in Australia

The book "Conflict of Laws in Australia" by Michael J. Tilbury, Gary Davis, and Brian R. Opeskin provides a comprehensive and incisive account of the principal elements that constitute conflict of laws in Australia. Here is a detailed overview of the book:

Key Themes

1. Introduction to Conflict of Laws:

   • The book begins with an introduction to the field of conflict of laws, covering its scope and significance in Australian legal practice.

2. General Principles:

   • It delves into general principles such as the existence of jurisdiction, discretionary exercise of jurisdiction, limitations on jurisdiction, and aspects of transnational litigation.

3. Recognition and Enforcement of Foreign Judgments:

   • The text explores the recognition and enforcement of foreign judgments, which is a critical area in private international law.

4. Choice of Law Process:

   • It discusses the choice of law process, including territoriality of laws, presumptive application of local law, substance and procedure, exclusion of foreign law, and personal connecting factors.

5. Conflict of Laws within the Australian Federation:

   • The book examines jurisdiction and judgments within Australia, constitutional dimensions of choice of law, and the law applicable in federal and cross-vested jurisdictions.

6. Particular Applications:

   • It covers specific applications such as marriage, consequences of marriage, matrimonial causes, children, contracts, torts, statutory obligations, and the nature, location, and transfer of property.

Plot Summary

The book is structured into four main parts:

1. Introduction:

   • Part I introduces the reader to the field of conflict of laws, setting the stage for the detailed analysis that follows.

2. General Principles:

   • Part II delves into the foundational principles of conflict of laws, including jurisdiction, recognition of foreign judgments, and the choice of law process.

3. Conflict of Laws within the Australian Federation:

   • Part III explores how these principles apply within the Australian federation, including jurisdiction and judgments within Australia and constitutional dimensions of choice of law.

4. Particular Applications:

   • Part IV applies these principles to specific areas such as marriage, children, contracts, and property, providing a comprehensive overview of how conflict of laws operates in practice.

Critical Reception

While there is no specific review of this edition of "Conflict of Laws in Australia" by Tilbury, Davis, and Opeskin, the book has been well-received in the legal community for its comprehensive coverage and clear explanations of complex concepts. The earlier editions have been praised for their authoritative and incisive accounts of conflict of laws in Australia.

Additional Information

• Edition and Publication: The book was published in 2002 by Oxford University Press. It is a significant resource for both legal practitioners and students of conflict of laws or private international law.
• Relevance: The book remains relevant due to its comprehensive coverage of the legislation and civil procedure rules of all Australian jurisdictions, as well as important common law developments.

In summary, "Conflict of Laws in Australia" by Michael J. Tilbury, Gary Davis, and Brian R. Opeskin is a seminal work that provides a detailed and incisive account of conflict of laws in Australia. Its comprehensive coverage and clear explanations make it an essential resource for legal practitioners and students alike.