Nygh's Conflict of Laws in Australia
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By: Martin Davies, Andrew Bell, Michael Douglas
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).
AI Overview
Overview of "Nygh's Conflict of Laws in Australia"
Authors: The book is authored by Martin Davies, Andrew Bell, and Michael Douglas, who have updated and revised the original work by Peter Nygh.
Edition and Publication: The book is in its 10th edition and was published by LexisNexis Australia. The latest edition was released in 2020, reflecting significant updates and revisions.
Key Themes:
- Private International Law: The book 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.
- Jurisdiction and Choice of Law: It includes discussions on international commercial dealings, civil obligations, administration of estates and succession, international child abduction, adoption, proof of foreign law, and the recognition of same-sex marriages.
- Legislation and Civil Procedure: The book covers the legislation and civil procedure rules of all Australian jurisdictions, as well as important common law developments.
Critical Reception:
- Book Reviews: The book has received positive reviews for its comprehensive coverage and clear explanations of complex concepts. It is praised for being ideal for both legal practitioners and students of conflict of laws or private international law.
- Updates and Revisions: The 10th edition has been comprehensively revised and updated to include significant developments in the field. These updates include discussions on recent case law and legislative changes, such as the implications of the Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth) and recent changes to the Uniform Civil Procedure Rules regarding service outside of the jurisdiction.
Plot Summary: Given the nature of the book, there is no narrative plot. Instead, it is a treatise that provides in-depth analysis and explanations of various aspects of conflict of laws in Australia. The book is structured to cover a wide range of topics related to private international law, making it a valuable resource for legal professionals and students.
Conclusion: "Nygh's Conflict of Laws in Australia" is a leading text in the field of private international law, offering authoritative and comprehensive coverage of jurisdiction, choice of law, and the recognition and enforcement of foreign judgments and arbitral awards. Its clear explanations and comprehensive updates make it an essential resource for both legal practitioners and students. The critical reception has been positive, highlighting its utility and relevance in the field of conflict of laws.