Recent judicial aberrations in Australian private international law

Harder, Sirko (2012) Recent judicial aberrations in Australian private international law. Australian International Law Journal. pp. 161-179. ISSN 1325-5029

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Abstract

This article discusses three Australian first-instance decisions of 2010 on matters of private international law. The cases are Singh v Singh, where an injunction restraining a person from participating in foreign criminal proceedings was granted; Independent Trustee Services Ltd v Morris, where a foreign judgment was recognised at common law on the ground that the judgment-debtor was a citizen of a foreign country; and Nygh v Kasey, where a marriage celebrated in a foreign country without complying with the form requirements of that country’s law was recognised at common law. This article criticises the three decisions with regard to their outcome and the methodology used.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K7000 Private international law. Conflict of laws > K7611 Civil procedure. International civil procedure
Depositing User: Sirko Harder
Date Deposited: 25 Sep 2014 09:57
Last Modified: 07 Mar 2017 09:02
URI: http://sro.sussex.ac.uk/id/eprint/50357

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