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Recent judicial aberrations in Australian private international law

journal contribution
posted on 2023-06-08, 18:30 authored by Sirko HarderSirko Harder
This article discusses three Australian first-instance decisions of 2010 on matters of private international law. The cases are Singh v Singh, where an injunction restraining a person from participating in foreign criminal proceedings was granted; Independent Trustee Services Ltd v Morris, where a foreign judgment was recognised at common law on the ground that the judgment-debtor was a citizen of a foreign country; and Nygh v Kasey, where a marriage celebrated in a foreign country without complying with the form requirements of that country’s law was recognised at common law. This article criticises the three decisions with regard to their outcome and the methodology used.

History

Publication status

  • Published

File Version

  • Published version

Journal

Australian International Law Journal

ISSN

1325-5029

Publisher

International Law Association, Australian Branch

Page range

161-179

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Legacy Posted Date

2014-09-25

First Compliant Deposit (FCD) Date

2014-09-25

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