Australian Private International Law For The 21st Century

Author: Andrew Dickinson
Publisher: Hart Publishing Limited
ISBN: 9781509913060
Size: 33.20 MB
Format: PDF, Kindle
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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.

Maintenance And Child Support In Private International Law

Author: Lara Walker
Publisher: Bloomsbury Publishing
ISBN: 1509903550
Size: 55.28 MB
Format: PDF, ePub
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No one would dispute that the duty to provide for those that you have a legal and moral obligation to support is very important. With the movement and migration of people both within Europe and globally, there are more and more families and relations who live in different States. Therefore it is imperative that suitable and workable methods exist to create maintenance obligations and then secure the transfer of funds, particularly from abroad. In the book the provisions in EU Maintenance Regulation no 4/2009 and the Hague Maintenance Convention of 2007 are analysed in order to discover what developments and therefore potential improvements have been made in relation to the recovery of maintenance from abroad. The book also includes an empirical study on the first year of operation of the Maintenance Regulation. Data collected has been analysed in order to supplement the critique of the instruments. The information and analysis is used to suggest suitable solutions for the future, which include amendments to the Regulation and recommendations for best practice.

The Choice Of Law Contract

Author: Maria Hook
Publisher: Bloomsbury Publishing
ISBN: 1509901019
Size: 43.96 MB
Format: PDF, Kindle
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This book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.

Electronic Consumer Contracts In The Conflict Of Laws

Author: Zheng Sophia Tang
Publisher: Bloomsbury Publishing
ISBN: 1782259309
Size: 73.97 MB
Format: PDF, ePub, Mobi
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The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts.

The Nature And Enforcement Of Choice Of Court Agreements

Author: Mukarrum Ahmed
Publisher: Bloomsbury Publishing
ISBN: 1509914463
Size: 57.79 MB
Format: PDF, Kindle
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"This constitutes a work of impressive scholarship that will become a major reference point for future discourse on choice of court agreements. Dr Ahmed advances a firm thesis in a lucid manner that will satisfy both academics and practitioners. The discussion is supported by a monumental foundation of underpinning research. Ahmed's monograph throughout shows clear understanding of underlying substantive laws and in Chapter 11 displays a refreshing willingness to engage in intelligent speculation on the implications of Brexit." Professor David Milman, University of Lancaster. This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.

Private Law In The 21st Century

Author: Kit Barker
Publisher: Bloomsbury Publishing
ISBN: 1509908595
Size: 40.23 MB
Format: PDF, Docs
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This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.

Australian Private International Law

Author: Edward I. Sykes
Publisher: Lawbook Company
ISBN: 9780455210407
Size: 56.85 MB
Format: PDF
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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.

Access To Justice And Legal Aid

Author: Asher Flynn
Publisher: Bloomsbury Publishing
ISBN: 1509900853
Size: 14.43 MB
Format: PDF, Docs
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This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.

Private International Law In Australia

Author: Reid Mortensen
Publisher:
ISBN: 9780409327281
Size: 48.88 MB
Format: PDF, Mobi
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Provides a clear and comprehensive analysis of the principles of private international law and the methods by which such principles are applied to cross-border legal problems throughout Australia.