Sir Zelman Cowen and the Emergence of an Interstate Private International Law in Australia

20 Pages Posted: 22 Aug 2015

See all articles by Richard Garnett

Richard Garnett

University of Melbourne - Law School

Date Written: August 20, 2015

Abstract

For many years Australian courts observed the fiction that private international law questions arising within the Australian federal system should be resolved by the same English common law principles that were applied to international cases. Such an approach was taken despite the existence of provisions in the Constitution that suggested a different approach. Sir Zelman Cowen was one of the first Australian scholars to identify this anomaly and to argue persuasively for the creation of a new doctrine of private international law for interstate matters. His pleas were ultimately accepted.

Keywords: private international law, interstate, Australia, Zelman Cowan

JEL Classification: K00, K33

Suggested Citation

Garnett, Richard, Sir Zelman Cowen and the Emergence of an Interstate Private International Law in Australia (August 20, 2015). Melbourne Univeristy Law Review, Vol. 38, No. 3, 2015, U of Melbourne Legal Studies Research Paper No. 714, Available at SSRN: https://ssrn.com/abstract=2648698

Richard Garnett (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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