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
Related Title
Mortensen, Garnett & Keyes, Private International Law in Australia, 5th edition
By:
M. Davies
Imprint: LexisNexis Butterworths Australia
Country of Publication: Australia
Edition: 11th edition
Weight: 4.200kg
ISBN: 9780409359107
ISBN 10: 0409359106
Publication Date: 24 December 2025
Format: Paperback
Publisher's Status: Active
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
