Sir Zelman Cowen and the Emergence of an Interstate Private International Law in Australia
20 Pages Posted: 22 Aug 2015
Date Written: August 20, 2015
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: Suggested Citation