Choice of law: the presumption in the proof of foreign law

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. ISSN 0313-0096


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.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Author's version deposited with blanket permission of publisher.
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 11 Jun 2008 23:25
Last Modified: 16 Feb 2015 03:14
Uncontrolled Keywords: proof of foreign law; choice of law; evidence
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180107 Conflict of Laws (Private International Law)
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940406 Legal Processes

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