The Future of Private International Law in Australia

Abstract:     
In a seminar held at the University of Sydney on 16 May 2011, the four speakers were invited to consider “The Future of Private International Law in Australia” from different perspectives – judge, lawyer in government, practitioner and academic. Unsurprisingly, given the breadth of the topic, the subject matter of the presentations varied widely. Justice Paul Le Gay Brereton of the New South Wales Supreme Court addressed the difficulties inherent in the proof of foreign law, and recent developments in New South Wales practice in this area. Thomas John of the Commonwealth Attorney-General’s Department considered Australia’s approach to the regulation of private international law issues at an international level. Dr Andrew Bell SC of the New South Wales Bar looked at recurring themes and likely future trends in Australian case law in the area. In the final presentation, based on this paper, Andrew Dickinson considered two related topics. First, the development and recognition of a unified body of Australian private international law. Secondly, the case for reform of the currently diverse regimes regulating the personal jurisdiction of courts in Australia. Professor Dickinson argues that the subject has now developed and matured to a point where the label “Australian private international law” is justified in two of the three key areas: applicable law and the recognition and enforcement of judgments. He urges reform of Federal and State rules governing personal jurisdiction, by a process of harmonisation, in order to complete the last side of the Australian private international law triangle.

Number of Pages in PDF File: 13

Keywords: Private International Law, Australia, Australian Private International Law, Past and Future Development, Personal Jurisdiction, Harmonisation in Australia, University of Sydney

JEL Classification: K10, K30, K33

Accepted Paper Series