This author has not written his bio yet.
But we are proud to say that Perry Herzfeld contributed 44 entries already.
Professor Martin Davies, co-author of the leading text on Australian private international law (Nygh and Davies, Conflict of Laws in Australia, now in its 7th edition (2002)), has an article in the most recent Torts Law Journal. It concerns the choice of law issues which have been created by the various Acts passed by the […]
Frank Bates, Professor of Law at the University of Newcastle (New South Wales), has a short article entitled ‘Stay Proceedings and Forum Non Conveniens in Recent Australian Family Law’ at (2008) 57(3) International and Comparative Law Quarterly 649. The article discusses the decision of the Full Court of the Family Court of Australia in Kwon […]
The New South Wales Court of Appeal recently handed down its decision in the interesting forum non conveniens case of Garsec Pty Ltd v His Majesty The Sultan of Brunei
Christopher Kourakis, the Solicitor-General for the State of South Australia, has an interesting article on the interaction of choice of law rules and the Australian Constitution in cases of conflict between state laws in volume 28 of the Adelaide Law Review. The article discusses the decision of the High Court in Sweedman v Transport Accident […]
Armacel Pty Ltd v Smurfit Stone Container Corporation
James McComish, my Australian Conflict of Laws.net co-editor, has recently had published an article entitled “Pleading and Proving Foreign Law in Australia” in volume 31(2) of the Melbourne University Law Review. The abstract reads: Foreign law lies at the heart of private international law. After all, a true conflict of law cannot be resolved unless and until […]
In a recent case, the Federal Court of Australia held that a US-incorporated corporation which had been served in the US, and which had filed a conditional appearance only to challenge the Court’s jurisdiction, was not required to produce documents pursuant to a notice to produce (similar to a subpoena). Jacobson J said (at [10]): […]
In Australia, the applicable law in negligence cases is the law of the place of the tort: Regie National des Usines Renault SA v Zhang (2002) 210 CLR 491;
Further to the
The decision on appeal of the Full Court of the Federal Court in Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International NV (2007) 157 FCR 558;