Choice of law: the presumption in the proof of foreign law
Article
Gray, Anthony. 2008. "Choice of law: the presumption in the proof of foreign law." University of New South Wales Law Journal. 31 (1), pp. 136-157.
Article Title | Choice of law: the presumption in the proof of foreign law |
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ERA Journal ID | 33965 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | University of New South Wales Law Journal |
Journal Citation | 31 (1), pp. 136-157 |
Number of Pages | 17 |
Year | 2008 |
Publisher | University of New South Wales |
Place of Publication | Sydney, Australia |
ISSN | 0313-0096 |
1447-7297 | |
Web Address (URL) | http://www.unswlawjournal.unsw.edu.au/lj2/default.asp |
Abstract | The article challenges the position that in the absence of appropriate evidence of the state of foreign law where foreign law is the proper law to be applied to resolve a dispute, that the foreign law should be presumed to be the same as local law. This approach was adopted by some members of the High Court in the recent case of Neilson v Overseas Projects Corporation of Victoria Ltd (2005) 223 CLR 331. |
Keywords | proof of foreign law; choice of law; evidence |
ANZSRC Field of Research 2020 | 480303. Conflict of laws (incl. private international law) |
Public Notes | File reproduced in accordance with the copyright policy of the publisher/author. |
Byline Affiliations | School of Law |
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