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Nygh's Conflict of Laws in Australia 11th ed


ISBN13: 9780409359107
Previous Edition ISBN: 9780409349207
To be Published: December 2025
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Paperback
Price: £140.00
Hardback edition not yet published, ISBN13 9780409359091



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.
Features
  • Provides clear explanations of complex concepts
  • Authoritative authors
  • Comprehensive coverage
  • Covers legislation and civil procedure rules of all Australian jurisdictions

Subjects:
Other Jurisdictions , Australia
Contents:
Part I: General
Ch 1 Introduction to the Subject
Ch 2. Conflicts within Australia
Part II: Jurisdiction and Procedure
Ch 3. Jurisdiction in Personam
Ch 4. Interlocutory Relief
Ch 5. Federal and Admiralty Jurisdiction
Ch 6. Cross-Vested Jurisdiction
Ch 7. Forum Selection and Arbitration Agreements
Ch 8. Restraint of Local Proceedings: Clearly Inappropriate Forum
Ch 9. Restraint of Foreign Proceedings: Anti-Suit Injunctions
Ch 10. State Immunity, Act of State and Non-Justiciability
Ch 11. Evidence From and For Other Countries
Part III: Choice of Law Generally
Ch 12. Choice-of-Law Theories
Ch 13. Personal Connecting Factors: Domicile, Nationality and Residence
Ch 14. Characterisation and the Selection of the Lex Causae
Ch 15. Renvoi and the Incidental Question
Ch 16. Substance and Procedure
Ch 17. The Pleading and Proof of Foreign Law
Ch 18. The Exclusion of Foreign Laws and Institutions
Part IV: Obligations
Ch 19. Contracts
Ch 20. Torts
Ch 21. Restitutionary Claims and Equitable Obligations
Ch 22. Negotiable Instruments
Ch 23. International Monetary Obligations
Part V: Family Law
Ch 24. The Meaning of Marriage;
Ch 25. The Creation of a Valid Marriage
Ch 26. Principal Relief: Dissolution, Annulment, Declarations and Legal Separation
Ch 27. Matrimonial Property and Financial Relief
Ch 28. The Welfare of Children
Ch 29. The Status of Children
Ch 30. Adoption
Ch 31. Mental Incapacity
Part VI: Property
Ch 32. Property: Preliminary Matters
Ch 33. Transactions Between Living Persons
Ch 34. Trusts
Part VII: Corporations and Insolvency
Ch 35. Corporations
Ch 36. Bankruptcy and Corporate Insolvency
Part VIII: Devolution on Death
Ch 37. Administration of Deceased Estates
Ch 38. Succession
Part IX: Arbitration
Ch 39. Choice of Law in Arbitration
Part X: Recognition and Enforcement of Foreign Judgments and Awards
Ch 40. Recognition and Enforcement of Foreign Judgments at Common Law
Ch 41. Enforcement of Foreign Judgments by Statute
Ch 42 Enforcement of Judgments Within Australia
Ch 43 Enforcement of Foreign Arbitral Awards;