Structured Conflict of Laws Notes – Fully Updated for 2026 (All 10 Topics + Latest High Court Cases)

Description

What’s in them - All 10 topics, in the same order as the 2026 Learning Guide (list below) - A problem-question structure for each area: the rule or statutory provision, the leading cases with pinpoints, then how it applies to the facts. For example, the service outside Australia section takes you through UCPR r and Schedule 6 gateway by gateway - Case summaries set out as facts, held and key statements, using the Learning Guide’s pinpoints - Recent cases from 2021 to 2025, which older notes on here won’t have What’s been updated - Karpik v Carnival (Ruby Princess): the High Court decision (2023), not the 2021 trial judgment most notes still rely on. The ACL’s unfair contract terms regime applied to a cruise contract made in the US, the class action waiver was void, and the court refused to enforce the US jurisdiction clause - Other High Court and appeal cases: BHP v Impiombato (non-resident class members), HNOE v Angus & Julia Stone (exclusive jurisdiction clauses) and Australian Gourmet Pastes v IAG (Trans-Tasman stays) - Jurisdiction and enforcement: Perez de La Sala (2025), which holds that submitting to the court cannot fix a lack of subject matter jurisdiction over a foreign estate. Also Kingston Securities v Lee (setting aside a registered foreign judgment for lack of notice) and Yin v Wu (natural justice defence to a Chinese judgment) - Substance and procedure: the conflicting Peros and Aguasa decisions on defamation concerns notices - Anti-suit injunctions: Bolin v BirdDog (anti-anti-suit injunctions) and the Rebel Wilson case, Film v Wilson Colour coded so you can find things fast in the exam Plum italics = case names Navy = legislation Teal = key principles Red = the things you can’t afford to get wrong Topics 1. Introduction to Private International Law and General Applicable Law Topics 2. The Law Applicable to Torts (incl. maritime and aerial torts, renvoi) 3. The Law Applicable to Contracts 4. Mandatory Rules and Forum Statutes 5. Proper Law and the Lex Fori – Substance and Procedure 6. Proof of Foreign Law 7. Exclusion of Foreign Law 8. Personal Jurisdiction (presence, submission, service in Australia, NZ and abroad) 9. Discretionary Non-Exercise of Jurisdiction and Anti-Suit Injunctions 10. Recognition and Enforcement of Foreign Judgments