Private international law in Australia

Full Title
Copyright
Preface
Table of Cases
Table of Statutes
Table of Contents
	Part 1 Introduction to Private International Law
		Chapter 1 Scope, Development and Purpose
			Themes of private international law
			Historical development
				Ancient approaches
				Scholarly development
				Judicial development in England
			Objectives
				Consistency
				Particular justice
				International and interstate comity
			Sources
				Constitutional sources
				International conventions
				Legislation
				Judicial decisions
				Scholarly writings
	Part 2 Jurisdiction and Judgments
		Chapter 2 Personal Jurisdiction
			Introduction
			Personal jurisdiction at common law
				Presence
				Submission
			Personal jurisdiction in interstate cases
				Diversity jurisdiction
				Service and Execution of Process Act 1992 (Cth)
				Cross-vested jurisdiction
			Personal jurisdiction in international cases
				Jurisdiction over New Zealand defendants
				Personal jurisdiction in international cases not involving New Zealand
				Grounds of jurisdiction — personal connections
				Grounds of jurisdiction — submission to the jurisdiction
				Grounds of jurisdiction — contracts
				Grounds of jurisdiction — wrongs
				Grounds of jurisdiction — property
				Grounds of jurisdiction — probate and administration
				Grounds of jurisdiction — foreign judgments and awards
				Method of service
			Conclusion
		Chapter 3 Jurisdiction: Exceptions and Immunities
			Introduction
			Foreign immovables
				The Moçambique principle
				Australian Capital Territory
				New South Wales
				Personal actions relating to immovables
				Reform
			Foreign state immunity
				Foreign states
				Exceptions to immunity
				Immunity from execution
			Diplomatic and consular immunity
				Diplomatic immunity
				Consular immunity
				Duration and waiver
		Chapter 4 Restraints on Proceedings
			Introduction
			International proceedings
				Mandatory rules
				Jurisdiction agreements
				Forum non conveniens
				Procedure
			Interstate proceedings
				Interstate proceedings in superior courts
				Forum non conveniens
				Interstate proceedings in inferior courts
			Restraining proceedings in another court
				Restraining proceedings in a foreign court
				Restraining proceedings in another Australian court
			Reform
			Conclusion
		Chapter 5 The Effect of Foreign and Interstate Judgments
			Introduction
			Recognition and enforcement of judgments at common law
				International jurisdiction
				Final and conclusive
				Fixed sum
				Identical parties
				Fraud
				Natural justice
				Public policy
				Penal and revenue judgments
				Incompatible judgments
				Foreign competition judgments
				Estoppel and foreign judgments
			Registration of foreign judgments
				Registration — conditions and effect
				Setting aside registration
				International jurisdiction
				Identical parties
				Fraud
				Natural justice
				Public policy
				Incompatible judgments
			Registration of interstate judgments
				Full faith and credit
				Registration procedures
			Registration of New Zealand judgments
		Chapter 6 International Arbitration
			Introduction
			Enforcement of international arbitration agreements
				Writing requirement
				A matter capable of settlement by arbitration
			Applicable law in international arbitration
				Law governing the substance
				Law governing the arbitration agreement
				Law governing the arbitral procedure
			Enforcement of arbitral awards
				Foreign arbitral awards
				Enforcement of awards under the Model Law
			Investor–state arbitration
	Part 3 Choice of Law Method
		Chapter 7 Choice of Law Method 1: The General Part
			Introduction
			Choice of law and internal rules
			The identification of a conflict of laws
				Hypothetical example
				Identifying the possibly relevant legal systems
				The internal rules of the possibly relevant systems
				A conflict of laws
			The classification of the subject matter
				The subject matter
				Classifications
				The law of classification
			The classification of substantive or procedural law
				General principles of procedural law
				Particular issues
			The identification of the choice of law rule
				Hypothetical — the choice of law rule
			The application of the law of the cause
				Hypothetical — the law of the cause applied
				Which aspects of the law of the cause?
		Chapter 8 Choice of Law Method 2: Complications and Exceptions
			Introduction
			Complications of choice of law method
				Dépeçage
				The incidental question
				Renvoi
			Exclusion of unacceptable laws
				Unrecognised states
				Penal laws
				Revenue laws
				Expropriation laws
				Foreign governmental interests
				Public policy
		Chapter 9 Proof of Foreign Law
			The status of foreign law
				The presumption of identity
				Presumption of identity — interpretation of foreign statutes
				Foreign law as fact and precedent
			Evidence of foreign law
				Expert witnesses
				Judicial notice
				Reference of a question of foreign law
				Documentary sources of law
				Determination of foreign law
			Proof of interstate law
		Chapter 10 Personal Connections
			Introduction
			Domicile
				Domicile of origin
				Domicile of dependence
				Domicile of choice
			Nationality
				Australian citizenship
				Foreign nationality
				Multiple nationalities
			Residence
				Residence
				Ordinary residence
				Habitual residence
			Reform
		Chapter 11 Constitutional Limits on Choice of Law
			Introduction
			Full faith and credit
				Full faith and credit: No public policy exclusion of interstate law
				Full faith and credit: Effect on the content of the choice of law rule
			Interstate discrimination
			The Australian Constitution in choice of law: Status and future
		Chapter 12 Statutes
			Introduction
			Forum statutes
				Extraterritorial reach of statutes
				Statutory choice of law rules
				Self-limiting provisions
				Generally-worded statutes
			Statutes of other places
				Foreign statutes
				Interstate statutes
			Interstate statutes under the cross-vesting scheme
				Operation of s 11(1)(b)
	Part 4 International Family Law
		Chapter 13 Marriage Validity
			Introduction
			The legal concept of marriage
				Voluntary union
				Indefinite duration
				Heterosexual union
				Other recognised adult relationships
				Monogamous union
			The common law choice of law rules
				The formal validity of marriage
				The essential validity of marriage
				Other issues
			Marriage: The present choice of law rules
				Marriages solemnised in Australia before 7 April 1986
				Marriages solemnised in Australia from 7 April 1986
				Marriages solemnised outside Australia
			The recognition of other interstate and foreign adult relationships
		Chapter 14 Separation, Dissolution and Annulment of Marriage
			Introduction
			Jurisdiction
				Dissolution of marriage
				Annulment of marriage
			Choice of law
				Dissolution
			Recognition of decrees
				Australian decrees
				New Zealand decrees
				Sources of rules for recognising foreign decrees
			Unrecognised foreign decrees
				Natural justice
				Public policy
				Failure to comply with the foreign law
		Chapter 15 Parenting and Custody of Children
			Introduction
			Jurisdiction
				Australia generally
				Western Australia
				Child Abduction Convention
				Child Protection Convention
				Common law rules of jurisdiction
				Courts
				Stay or dismissal of proceedings
			The Child Abduction Convention
				Habitual residence
				Child Abduction Convention countries
				General approach
				Central authorities
				Wrongful removal or retention
				Return
				Settlement into new environment
				Excusable removal or retention
				Access
			Choice of law
				Part VII of the Family Law Act
				Child Protection Convention
				Renvoi
			The recognition of foreign parenting orders
				The general law
				The registration of foreign parenting orders
		Chapter 16 Property and Maintenance
			Introduction
			Jurisdiction
				Jurisdiction as of right
				Parties
				Limits on jurisdiction
				Discretionary stay of proceedings
				Mandatory stay of maintenance proceedings
				Courts
			Choice of law
			Recognition and enforcement of foreign property and maintenance orders
				Property orders
				Maintenance
				Overseas maintenance orders registered before 1 July 2000
				Overseas maintenance orders registered from 1 July 2000
				New York Maintenance Convention
	Part 5 Choice of Law for Obligations
		Chapter 17 Contracts
			The scope of the proper law
				Classification
				Time of attribution
			The determination of the proper law
				Subjective proper law
				Objective proper law
			Change of proper law
			Multiple proper laws
				Dépeçage
				Incorporation
			Formation and performance
				Formation
				Performance
			Related claims
			Specific contracts
				International sea carriage of goods contracts
				International sale of goods contracts
				Insurance contracts
				Consumer contracts
				Consumer credit contracts
				Contracting out
			Reform
		Chapter 18 Torts
			Introduction
			The general tort choice of law rule
				Renvoi
			The place of the tort
				The general rule
				Negligence
				Misrepresentation
				Defamation
				Maritime torts
			Choice of law for defamation
				Defamation within Australia
				Foreign defamations
			Circumstances in which the governing law may not be applied
				Procedural rules
				Public policy
				Claims and defences under forum legislation
			Classification of specific issues
				Survival of actions
				Wrongful death
				Nominal defendants
				Direct actions against insurers
				Interspousal immunity
				Indemnity
				Contribution
				Insurers’ rights of subrogation
				Conversion
			Concurrence of liability
				Contractual and statutory defences to claims in tort
	Part 6 Choice of Law for Property
		Chapter 19 The Location and Classification of Property
			The method of classifying property
				Immovables and movables
			The location of property
				Tangible property
				Debts
				Other intangible property
			The classification of property
				Tangible property
				Debts
				Other intangible property
		Chapter 20 Transfer of Property between Living and Corporate Persons
			Introduction
			Transfer of immovable property
				Formal validity
			Transfer of movable property
				Tangible property
				Debts
				Other intangible movable property
		Chapter 21 Succession to Property on Death
			Introduction
				Executors and administrators
			Jurisdiction
			The appointment of a personal representative
				Scission
				Re-sealing of foreign and Commonwealth grants
				Refusal to confirm grants
				Representative’s accountability
			Administration
				Principal administration
				Ancillary administration
			Beneficial succession
				Immovable property
				Movable property
			The exercise of powers of appointment
				General and special powers
				Formal validity
				Capacity
				Essential validity
				Interpretation
				Revocation
			Reform
	Part 7 International Company Law
		Chapter 22 International Company Law
			Introduction
			Jurisdiction
				Jurisdiction as of right
				Courts
				Restraints on companies proceedings within Australia
				Restraints on trans-Tasman companies proceedings
				Restraints on companies proceedings in international cases
				Choice of law
				The validity of incorporation
				Capacity and powers
				Members’ rights and liabilities
				Internal management
				Recognition and enforcement of foreign companies orders
		Chapter 23 Corporate Insolvency
			Introduction
			The Model Law
				Overview
				Access of foreign representatives and creditors to Australian courts
				Recognition of foreign insolvency proceedings and relief
				Concurrent insolvency proceedings and judicial cooperation
			Winding up of companies
Index