Legal review reveals significant divergence in Australian private international law from English precedents, highlighting the pressing need for systematic reforms.
Until recently, Australian private international law closely resembled the classical English law on which it was based. Since the late 1980s, a number of changes, including the growing independence of Australian from English law, a substantial increase in the volume of cross-border litigation coming before the Australian courts, and the dominance of jurisdiction, have reshaped the field. Some features of Australian private international law now clearly distinguish it from the law in other countries, and some are unusual by international standards. This article surveys important recent changes to the Australian law, suggesting that not all of these changes are positive, and arguing the need for further reforms to the law.
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Mary Keyes (2026) studied this question.
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