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Conflict of Laws in Australia

By: Peter Edward Nygh, Martin Davies

Publisher: Butterworths
Published: 2002
Language: Unknown
Format: BOOK
Pages: 719
ISBN: 9780409314830

About This Book

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.

AI Overview

Book Overview: "Conflict of Laws in Australia" by Peter Edward Nygh and Martin Davies

Key Themes:

  • Jurisdiction, Choice of Law, and Recognition of Foreign Judgments: The book provides authoritative and comprehensive coverage of the three main areas of private international law, including jurisdiction, choice of law, and the recognition and enforcement of foreign judgments and arbitral awards.
  • International Commercial Dealings: It covers a wide range of topics related to international commercial dealings and other civil obligations.
  • Administration of Estates and Succession: The book includes discussions on the administration of estates and succession, international child abduction, adoption, and proof of foreign law.
  • Recognition of Same-Sex Marriages: It addresses the recognition of same-sex marriages, reflecting significant legal developments in this area.

Plot Summary: The book is a comprehensive legal text that delves into the complexities of private international law in Australia. It is structured to provide clear explanations of complex concepts, making it suitable for both legal practitioners and students of conflict of laws or private international law. The tenth edition has been thoroughly revised and updated to include discussions and analyses of significant developments in the field, such as changes to the Uniform Civil Procedure Rules, case developments in foreign state immunity, and interactions between choice-of-law clauses and forum statutes.

Critical Reception:

  • Book Reviews: The book has received positive reviews for its comprehensive coverage and clear explanations. For example, a review by M Davies, A S Bell, P L G Brereton, and M Douglas praises the book for its authoritative and up-to-date analysis of private international law in Australia.
  • Historical Context: The book has been reviewed in the past for its contributions to the field of conflict of laws. For instance, a 1969 book review by J. L. R. Davis highlighted the significance of Nygh's work in the field of conflict of laws in Australia.

Overall, "Conflict of Laws in Australia" by Peter Edward Nygh and Martin Davies is a seminal text in the field of private international law, providing a thorough and authoritative guide to the complexities of jurisdiction, choice of law, and the recognition of foreign judgments in Australia. Its comprehensive coverage and clear explanations make it an essential resource for both legal practitioners and students of conflict of laws or private international law.