Conflict Of Laws In Australia

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Resolving Conflicts of Laws

Author : Mark James Leeming
Publisher :
ISBN 13 : 9781862878259
Total Pages : 258 pages
Book Rating : 4.8/5 (782 download)

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Book Synopsis Resolving Conflicts of Laws by : Mark James Leeming

Download or read book Resolving Conflicts of Laws written by Mark James Leeming and published by . This book was released on 2011 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resolving Conflicts of Laws was cited 6 times by the High Court in Momcilovic v The Queen (2011) 2451 CLR 1; [2011] HCA 34. It has also been cited in the Same-Sex Marriage Case (Commonwealth of Australia v Australian Capital Territory) (2013) 250 CLR 441; [2013] HCA 55 at [61], in Plaintiff M47-2012 v Director General of Security (2012) 251 CLR 1; [2012] HCA 46 at [54] and [136], in Sportsbet Pty Ltd v New South Wales (2012) 249 CLR 298; [2012] HCA 13 at [10], in CFMEU v Director of the Fair Work Building Industry Inspectorate (No 2) (2013) 209 FCR 464; [2013] FCAFC 25 at [61]; in Wreck Bay Aboriginal Community Council v Williams [2017] ACTCA 46 at [45] and [47] and in a large number of other appellate and first instance decisions. An important feature in all legal systems, but especially in federations whose polities have overlapping legislative powers, is that those laws regularly conflict - or at least are claimed to conflict. Any coherent legal system must have principles for resolving such conflicts. Those principles are of immense practical as well as theoretical importance. This book, which straddles constitutional law and statutory interpretation, describes and analyses those principles.This book does not merely address the conflicts between Commonwealth and State laws resolved by the Constitution (although it does that and in detail). It analyses the resolution of all of the conflicts of laws that occur in the Australian legal system: conflicts between laws enacted by the same Parliament and indeed within the same statute, conflicts between Commonwealth, State, Territory, Imperial laws and delegated legislation.After identifying the laws in force in Australia, the chapters deal with:conflicts in laws made by the same legislature, focussing on the interpretative process of statutory construction;repugnancy, a doctrine with continuing vitality in the areas of s79 of the Judiciary Act, delegated legislation and Territory laws;conflicts between laws of the Commonwealth and State laws, proposing that the categories of inconsistency (commonly three: direct, indirect and "covering the field") are best seen aspects of a single constitutional concept;conflicts between the laws of two States, andconflicts involving the laws of the self-governing Territories

Nygh's Conflict of Laws in Australia

Author : Martin Davies
Publisher :
ISBN 13 : 9780409332117
Total Pages : 0 pages
Book Rating : 4.3/5 (321 download)

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Book Synopsis Nygh's Conflict of Laws in Australia by : Martin Davies

Download or read book Nygh's Conflict of Laws in Australia written by Martin Davies and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nygh's Conflict of Laws in Australia 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 ninth edition has been comprehensively revised and updated. It includes discussion and analysis of many new cases, reflecting the growth of litigation involving international elements, particularly in areas of arbitration, enforcement of foreign judgments and cross border insolvency. Legislative changes include Australia's ratification of the Hague Service Convention in late 2010 and the enactment of the Trans-Tasman Proceedings Act 2010 (Cth) and the Australian Consumer Law.The clear explanations of complex concepts make Nygh's Conflict of Laws in Australia an ideal text for both legal practitioners and students of conflict of laws or private international law.Features• Authoritative, reliable content• Complex concepts clearly explained• Expanded content includes maritime law under international Arbitration Act, the nature of marriage, including polygamous and same-sex marriages and information technology across jurisdictions.Related TitlesMortensen, Garnett and Keyes, Private International Law in Australia, 2011

Australian Private International Law

Author : Edward I. Sykes
Publisher : Lawbook Company
ISBN 13 : 9780455210407
Total Pages : 827 pages
Book Rating : 4.2/5 (14 download)

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Book Synopsis Australian Private International Law by : Edward I. Sykes

Download or read book Australian Private International Law written by Edward I. Sykes and published by Lawbook Company. This book was released on 1991-01-01 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aimed at students and practising lawyers, this book sets out the principles of law that operate when an issue with legal consequences is not confined to a single jurisdiction. This third edition has been extensively revised to include many judicial decisions and legislative amendments. Contains extensive tables of cases, statutes, international conventions, rules and regulations. First published in 1979.

Conflict of Laws

Author : Laura E. Little
Publisher : Aspen Publishing
ISBN 13 : 1454897767
Total Pages : 1183 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Conflict of Laws by : Laura E. Little

Download or read book Conflict of Laws written by Laura E. Little and published by Aspen Publishing. This book was released on 2018-02-26 with total page 1183 pages. Available in PDF, EPUB and Kindle. Book excerpt: In her casebook Conflict of Laws, now in its second edition, internationally respected teacher and scholar Laura Little offers a progressive, innovative approach to teaching complex material. She brings to the subject her drafting and advocacy expertise as the Associate Reporter for the Restatement (Third) Conflict of Laws, authorized by the American Law Institute in 2014. In a subject where there is plenty of room for debate and analysis, this casebook offers a contemporary alternative to the subject by connecting coverage of key concepts to law practice using modern cases and problem pedagogy. With its modular design, clear writing, comprehensive Teacher’s Manual and online support, the text is highly teachable and has proven a road-tested favorite with both students and professors. Key Features Entirely new domestic relations sections throughout the book in light of the U.S. Supreme Court’s Obergefell decision, including analysis of Supreme Court follow-up cases Detailed references to the proposed Restatement (Third), drawing from the author’s work as an Associate Reporter drafting and developing the new restatement of the law Streamlined personal jurisdiction section, presenting the recent U.S. Supreme Court cases in Bristol Myers Squibb and Daimler Updated international law material, including discussion of the new British Defamation Act (and its impact on libel tourism) and the European Union's elimination of exequatur for judgment recognition

Conflict of Laws in Australia

Author : Peter Edward Nygh
Publisher : Butterworth-Heinemann
ISBN 13 :
Total Pages : 592 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Conflict of Laws in Australia by : Peter Edward Nygh

Download or read book Conflict of Laws in Australia written by Peter Edward Nygh and published by Butterworth-Heinemann. This book was released on 1976 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Conflict of Laws in Australia

Author : Peter Edward Nygh
Publisher :
ISBN 13 :
Total Pages : 806 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Conflict of Laws in Australia by : Peter Edward Nygh

Download or read book Conflict of Laws in Australia written by Peter Edward Nygh and published by . This book was released on 1968 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Private International Law in Australia

Author : Reid Mortensen
Publisher :
ISBN 13 : 9780409338881
Total Pages : 0 pages
Book Rating : 4.3/5 (388 download)

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Book Synopsis Private International Law in Australia by : Reid Mortensen

Download or read book Private International Law in Australia written by Reid Mortensen and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Important recent developments in Australian private international law are discussed, together with legislative reforms and significant decisions, particularly of Australian courts. A new chapter on corporate insolvency has been added in this edition. The book provides an in-depth examination of the following subjects: introduction to private international law; jurisdiction and judgments; international arbitration; choice of law; international family law; choice of law for obligations; choice of property law; international company law ; An understanding of the fundamental concepts in private international law is becoming increasingly important in legal practice, and the accessible style of this text makes it invaluable to both students and practitioners.

Children and the Law in Australia

Author : Lisa Young (Barrister)
Publisher :
ISBN 13 : 9780409342024
Total Pages : 0 pages
Book Rating : 4.3/5 (42 download)

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Book Synopsis Children and the Law in Australia by : Lisa Young (Barrister)

Download or read book Children and the Law in Australia written by Lisa Young (Barrister) and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this highly-regarded work provides extensive coverage of the ways in which the law and children interact. Topics such as criminal law, the internet, immigration law, family law, medical law, discrimination law, education and the legal process are included with contributions from expert authors in each area. Each chapter is contributed by an expert on that topic and is written to provide a clear, authoritative and accessible discussion suitable for a wide audience. This edition provides an extended socio-legal focus, ensuring the work is relevant for practitioners, non-legal professionals working in child-related areas, researchers and students in both law and non-law units at undergraduate and postgraduate level. It includes discussion on topical issues such as: surrogacy, youth rights, the internet and cyber bullying, international adoption, migration, international child abduction, the Royal Commission into Child Sexual Assault, and the impact of the Convention on the Rights of the Child on Australian Law. Features * Authoritative commentary by expert contributors * Includes socio-legal focus to ensure accessibility and relevance to a wide market * Includes traditional topics and areas of recent prominence Related Titles * Young, Sifris, Carroll & Monahan, Family Law in Australia, 9th ed, 2016

AUSTRALIAN LAW IN CONTEXT

Author :
Publisher :
ISBN 13 : 9780409350449
Total Pages : pages
Book Rating : 4.3/5 (54 download)

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Book Synopsis AUSTRALIAN LAW IN CONTEXT by :

Download or read book AUSTRALIAN LAW IN CONTEXT written by and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Conflict of Laws: A Comparative Approach

Author : Cuniberti, Gilles
Publisher : Edward Elgar Publishing
ISBN 13 : 1839106530
Total Pages : 488 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Conflict of Laws: A Comparative Approach by : Cuniberti, Gilles

Download or read book Conflict of Laws: A Comparative Approach written by Cuniberti, Gilles and published by Edward Elgar Publishing. This book was released on 2022-02-18 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.

Law and Democracy

Author : Glenn Patmore
Publisher : ANU Press
ISBN 13 : 1925022064
Total Pages : 183 pages
Book Rating : 4.9/5 (25 download)

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Book Synopsis Law and Democracy by : Glenn Patmore

Download or read book Law and Democracy written by Glenn Patmore and published by ANU Press. This book was released on 2014-12-24 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices: How should the meaning of ‘the people’ in the Australian Constitution be defined by the High Court of Australia?How do developing judicial conceptions of democracy define citizenship?What is the legal right to participate in the political community?Should political advisors to Ministers be subject to legal accountability mechanisms?What challenges do applied law schemes pose to notions of responsible government and how can they be best addressed?How can the study of the ritual of electoral politics in Australia and other common law countries supplement the standard account of democracy?How might the ritual of the pledge of Australian citizenship limit or enhance democratic participation?What is the conflict between legal restrictions of freedom of expression and democracy, and the role of social media? Examining the regulation of democracy, this book scrutinises the assumptions and scope of constitutional democracy and enhances our understanding of the frontiers of accountability and responsible government. In addition, key issues of law, culture and democracy are revealed in their socio-legal context. The book brings together emerging and established scholars and practitioners with expertise in public law. It will be of interest to those studying law, politics, cultural studies and contemporary history.

Indian Private International Law

Author : Stellina Jolly
Publisher : Bloomsbury Publishing
ISBN 13 : 1509938206
Total Pages : 389 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Indian Private International Law by : Stellina Jolly

Download or read book Indian Private International Law written by Stellina Jolly and published by Bloomsbury Publishing. This book was released on 2021-10-07 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an authoritative account of the evolution and application of private international law principles in India in civil commercial and family matters. Through a structured evaluation of the legislative and judicial decisions, the authors examine the private international law in the Republic and whether it conforms to international standards and best practices as adopted in major jurisdictions such as the European Union, the United Kingdom, the United States, India's BRICS partners - Brazil, Russia, China and South Africa and other common law systems such as Australia, Canada, New Zealand, and Nepal. Divided into 13 chapters, the book provides a contextualised understanding of legal transformation on key aspects of the Indian conflict-of-law rules on jurisdiction, applicable law and the recognition and enforcement of foreign judgments or arbitral awards. Particularly fascinating in this regard is the discussion and focus on both traditional and contemporary areas of private international law, including marriage, divorce, contractual concerns, the fourth industrial revolution, product liability, e-commerce, intellectual property, child custody, surrogacy and the complicated interface of 'Sharia' in the conflict-of-law framework. The book deliberates the nuanced perspective of endorsing the Hague Conference on Private International Law instruments favouring enhanced uniformity and predictability in matters of choice of court, applicable law and the recognition and enforcement of foreign judgments. The book's international and comparative focus makes it eminently resourceful for legislators, the judges of Indian courts and other interested parties such as lawyers and litigants when they are confronted with cross-border disputes that involve an examination of India's private international law. The book also provides a comprehensive understanding of Indian private international law, which will be useful for academics and researchers looking for an in-depth discussion on the subject.

Workplace Health and Safety Law in Australia, 2nd Edition

Author : N. Foster
Publisher :
ISBN 13 : 9780409342833
Total Pages : 0 pages
Book Rating : 4.3/5 (428 download)

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Book Synopsis Workplace Health and Safety Law in Australia, 2nd Edition by : N. Foster

Download or read book Workplace Health and Safety Law in Australia, 2nd Edition written by N. Foster and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workplace Health and Safety Law in Australia provides an introduction to the law of workplace health and safety in Australia, and offers clear concise commentary on all aspects of related civil and criminal law. The book sets out the wide range of legal obligations employers and managers must understand to provide a safe and compliant workplace, including discussion of the contract of employment, common law obligations, workers' compensation law, anti-discrimination legislation and the statutory workplace safety law. This revised edition incorporates a thorough discussion of the state of the law since the introduction of harmonised legislation around Australia, including reference to the latest cases. It is an invaluable resource for business and law students, legal professionals and senior business managers alike. Features Written by an academic for a student market No prior legal background required Reader friendly with tables and chart Online updates of chapters to keep up with current legislation in OHS Related Titles Kennedy, Work Health and Safety: What You Need to Know, 2012Pittard & Naughton, Australian Labour and Employment Law, 2015

New Technologies and the Law of Armed Conflict

Author : Hitoshi Nasu
Publisher : Springer Science & Business Media
ISBN 13 : 9067049336
Total Pages : 268 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis New Technologies and the Law of Armed Conflict by : Hitoshi Nasu

Download or read book New Technologies and the Law of Armed Conflict written by Hitoshi Nasu and published by Springer Science & Business Media. This book was released on 2013-12-23 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern technological development has been both rapid and fundamentally transformative of the means and methods of warfare, and of the broader environment in which warfare is conducted. In many cases, technological development has been stimulated by, and dedicated to, addressing military requirements. On other occasions, technological developments outside the military sphere affect or inform the conduct of warfare and military expectations. The introduction of new technologies such as information technology, space technologies, nanotechnology and robotic technologies into our civil life, and into warfare, is expected to influence the application and interpretation of the existing rules of the law of armed conflict. In this book, scholars and practitioners working in the fields critically examine the potential legal challenges arising from the use of new technologies and future directions of legal development in light of the specific characteristics and challenges each technology presents with regard to foreseeable humanitarian impacts upon the battlespace.

Intellectual Property in the Conflict of Laws

Author : Schaafsma, Sierd J.
Publisher : Edward Elgar Publishing
ISBN 13 : 1839108509
Total Pages : 608 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Intellectual Property in the Conflict of Laws by : Schaafsma, Sierd J.

Download or read book Intellectual Property in the Conflict of Laws written by Schaafsma, Sierd J. and published by Edward Elgar Publishing. This book was released on 2022-01-14 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a ground-breaking new explanation of the principle of national treatment in the Berne Convention and the Paris Convention and new insights into the history of the conflict-of-laws, aliens law and their relationship. Providing a full and detailed analysis of the existence and the interpretation of the conflict-of-law rule in these conventions, this book will be an important resource for legal scholars, specialized practitioners and policy-makers.

A Conflict-of-laws Anthology

Author : Gene R. Shreve
Publisher : Anderson Publishing Company (OH)
ISBN 13 :
Total Pages : 474 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis A Conflict-of-laws Anthology by : Gene R. Shreve

Download or read book A Conflict-of-laws Anthology written by Gene R. Shreve and published by Anderson Publishing Company (OH). This book was released on 1997 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Conflict of Laws and Arbitral Discretion

Author : Benjamin Hayward
Publisher :
ISBN 13 : 9780198787440
Total Pages : 352 pages
Book Rating : 4.7/5 (874 download)

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Book Synopsis Conflict of Laws and Arbitral Discretion by : Benjamin Hayward

Download or read book Conflict of Laws and Arbitral Discretion written by Benjamin Hayward and published by . This book was released on 2017-01-05 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is the dispute resolution method of choice in international commerce, but it rests on a complex legal foundation. In many international commercial contracts, the parties will choose the law governing any future disputes. However, where the parties do not choose a governing law, theprevailing approach in arbitration is to afford arbitrators broad and largely unfettered discretion to choose the law considered most appropriate or most applicable. The uncertainty resulting from this discretion potentially affects the parties' rights and obligations, the performance of theircontract, the presentation of their cases, and negotiations undertaken to settle their disputes.In this text, Dr Benjamin Hayward critically reviews the prevailing approach to the conflict of laws in international commercial arbitration. The text adopts a focused and detail-oriented analysis - being based on a study of more than 130 sets of arbitral laws and rules from around the world, anddrawing heavily on arbitral case law. Nevertheless, it remains both practical and accessible, taking as its focus the needs and expectations of commercial parties, who are the ultimate users of international commercial arbitration.This text identifies the difficulties that result from resolving conflicts of laws through broad and unconstrained arbitral discretions. It establishes that a bright-line test would be a preferable way to resolve arbitral conflicts of laws. Specifically, it recommends a modified Art. 4 RomeConvention rule as the ideal basis for law reform in this area of arbitral procedure.