The world of Private International Law (or Conflict(s) of Law(s) as it is sometimes described) can be a dark and mysterious place, treacherous unless you're sure-footed, and labyrinthine for those who do not visit regularly. It can be particularly bamboozling in Australia where many principles are yet to be the subject of authoritative rulings by the High Court, and where the principles applicable in conflicts between state laws may not necessarily be the same principles applicable to conflicts between an Australian law and a foreign law.
That is by way of introduction to an interesting paper written by Justice Brereton, one of the more cerebral judges on the NSW Supreme Court, entitled Proof of Foreign Law: problems and initiatives. This paper was delivered as part of a symposium hosted by the Sydney Law School on The future of private international law in Australia. A podcast of the symposium is available for download.
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