Research On The Inter-state Conflict Of Laws In Australia

Australia is a federated country with multiple law areas. Different legal systems in different law areas result in the conflict of laws. The interstate conflict of laws is a kind of inter-regional conflict of laws existing in the context of Australian Commonwealth. In Australia, issues like family, matrimony, and nationality are within the jurisdiction of the Australian Commonwealth, so the interstate conflict of laws mainly lies in the fields of contract, torts, property transfer, will, inheritance and etc.The Constitution of Australian Commonwealth and other substantive laws of the Commonwealth impose great influence on the settlement of interstate conflict of laws. Especially the principles of "Full Faith and Credit" and "Interstate Discriminate Clause", are of significance in this regard.In the context of Australian Commonwealth, disputes concerning interstate jurisdiction are properly resolved. The SEPA Act and the Cross-vesting Scheme play a major role.As for the interstate choice of law, the applicable law of the contract predominates all the other matters of the contract. In the area of interstate torts, the lex loci delicti is becoming the authoritative choice-of-law rule in Australia.In addition, the Constitution and the SEPA Act guarantee the recognition and enforcement of the interstate judgments.