The Future of Private International Law in Australia

Sydney Law School Research Paper No. 11/30

Presented at Sydney Centre for International Law Seminar Series, Sydney Law School, May 16, 2011

13 Pages Posted: 27 May 2011  

Andrew Dickinson

University of Oxford - Faculty of Law; University of Oxford; The British Institute of International and Comparative Law (BIICL); Clifford Chance LLP

Date Written: May 23, 2011

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.

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

Suggested Citation

Dickinson, Andrew, The Future of Private International Law in Australia (May 23, 2011). Sydney Law School Research Paper No. 11/30; Presented at Sydney Centre for International Law Seminar Series, Sydney Law School, May 16, 2011. Available at SSRN: https://ssrn.com/abstract=1851047

Andrew Dickinson (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

University of Oxford ( email )

Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom

The British Institute of International and Comparative Law (BIICL)

Charles Clore House
17 Russell Square
London, WC1B 5JP
United Kingdom

Clifford Chance LLP ( email )

10 Upper Bank Street
London, E14 5JJ
United Kingdom

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