Australasian Association of Private International Law

PrIL Resources

Private international law (PrIL), or the ‘conflict of laws’, is the body of law applicable to matters with a foreign element. A ‘foreign element’ is a connection to a jurisdiction other than the place where the dispute is being ventilated. The connection may be in the form of a foreign person, a foreign thing, or an event occurring in a foreign place.

PrIL is a difficult area of law, traditionally understood in terms of three issues: jurisdiction, choice of law, and recognition and enforcement of foreign judgments. What should be considered within the scope of ‘PrIL’ is itself a difficult question. To learn more about PrIL, you may consult the resources below.

PrIL in Australia

Consult the website of the Commonwealth Attorney-General’s Department, or one of the following books:

  • Books on PrIL in Australia:
    • Reid Mortensen, Richard Garnett and Mary Keyes, Private International Law in Australia (LexisNexis, 5th ed, 2023)
    • M Davies, AS Bell, PLG Brereton and M Douglas, Nygh’s Conflict of Laws in Australia (LexisNexis Butterworth, 10th ed, 2020)
  • Other helpful books:
    • Mark Leeming, Authority to Decide: The Law of Jurisdiction in Australia (Federation Press, 2nd ed, 2020)
    • Mary Keyes, Jurisdiction in International Litigation (Federation Press, 2005)
    • Geoffrey Lindell, Cowen and Zines’s Federal Jurisdiction in Australia (Federation Press, 4th ed, 2016)
    • James Stellios, The Federal Judicature: Chapter III of the Constitution (LexisNexis Butterworths, 2nd ed, 2019)
    • Andrew Bell, Forum Shopping and Venue in Transnational Litigation (Oxford University Press, 2003)
    • Richard Garnett, Substance and Procedure in Private International Law (Oxford University Press, 2012)
    • TM Yeo, Choice of Law for Equitable Doctrines (Oxford University Press, 2004)

PrIL in New Zealand

Consult the excellent website, The Conflict of Laws in New Zealand, edited by Dr Maria Hook and Jack Wass; or see their book:

  • Maria Hook and Jack Wass, The Conflict of Laws in New Zealand (LexisNexis, 1st ed, 2020)

PrIL in the Pacific

  • Resources on PrIL in nations of the Pacific Islands is limited. In addition to PacLII, consider resources on PrIL in the common law world.

PrIL in the common law world

  • Leading texts:
    • Lord Collins et al (eds), Dicey, Morris & Collins on the Conflict of Laws (Sweet & Maxwell, 16th ed, 2022)
    • Paul Torremans et al (eds), Cheshire, North & Fawcett: Private International Law (Oxford University Press, 15th ed, 2017)