This collection examines the state and future of Australian private international law against the background of the Attorney- General's review.
A nation's prosperity depends not only on the willingness of its businesses to export goods and services, and of its citizens and residents to travel to take advantage of opportunities overseas, but also on the willingness of the businesses and citizens of other nations to cross the nation's borders to do business. Economic expansion, and parallel increases in tourism and immigration, have brought Australians more frequently into contact with the laws and legal systems of other nations. In particular, in recent years, trade with partners in the Asia-Pacific Region has become increasingly important to the nation's future. At the same time, Australian courts are faced with a growing number of disputes involving foreign facts and parties. In recognition of these developments, and the need to ensure that the applicable rules meet the needs both of transacting parties and society, the Attorney-General's Department launched in 2012 a full review of Australian rules of private international law. This collection examines the state and future of Australian private international law against the background of the Attorney-General's review. The contributors approach the topic from a variety of perspectives (judge, policy maker, practitioner, academic) and with practical and theoretical insights as to operation of private international law rules in Australia and other legal systems.
Andrew Dickinson, formerly Professor of Private International Law at the University of Sydney, is a Fellow and Tutor of Law at St Catherine's College and Professor of Law at the Faculty of Law, University of Oxford. Mary Keyes is Professor of Law at Griffith Law School, Griffith University. Thomas John, formerly Head of the Private International Law and International Arbitration Section, Australian Attorney General's Department, Canberra, is now a Principal Legal Officer at the Hague Conference on Private International Law, The Hague, The Netherlands.
Table Of Contents:
Part I-The Agenda for Change
1. Facing Outwards: Australian Private International Law
in the 21st Century Roger Wilkins AO and Thomas John
2. Improving Australian Private International Law Mary Keyes
Part II-First Reactions to the Attorney-General's Consultation
3. Incoherence in Australian Private International Laws The Honourable James Allsop and Daniel Ward
4. Rationalisation and Rationale: Approaching the Reform of Rules for the Assertion of Jurisdiction over Foreign Defendants Andrew Bell SC
5. Uniformity of Outcome in Australian Choice of Law Richard Garnett
Part III-The Trans-Tasman Treaty-A Model for Engagement with Other Legal Systems?
6. Together Alone: Integrating the Tasman World Reid Mortensen
7. Trans-Tasman Court Proceedings and Regulatory Enforcement David Goddard
Part IV-Drawing from Overseas Perspectives
8. What, if Anything, can Australia Learn from the EU Experience? Andrew Dickinson
9. A View from Australia's Regional Partners-Recent Developments in New Zealand and Singapore
Elsabe Schoeman and Adeline Chong
Bloomsbury Acad & Prof