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About the seminar: Australia is a land of migrants, living in an increasingly mobile, globalised, digital world. It is common for people to own property in multiple jurisdictions, including North America, South America, Europe, Africa, Asia or one of the 9 separate legal systems which make up Australia.[1] The laws of each jurisdiction can be fundamentally different in respect of administration and the transfer of property this can create enormous complexity in succession case.
The conflict of law issues that are generally raised in these cases are:
a. whether the court has jurisdiction to determine an action, b. the choice-of-law to be applied in the determination, c. where the law chosen is a foreign law how the content of that law is to be proven, and d. trusts and the Hague Convention on the Law Applicable to Trusts and on their Recognition in 1984
a. whether the court has jurisdiction to determine an action,
b. the choice-of-law to be applied in the determination,
c. where the law chosen is a foreign law how the content of that law is to be proven, and
d. trusts and the Hague Convention on the Law Applicable to Trusts and on their Recognition in 1984
There is also the European Succession Regulation (otherwise known as Brussels IV) that commenced on 17 August 2015 and is applicable to 25[2] out of 28 EU Member States, with the United Kingdom, Ireland and Denmark opting out. This new legislation gives Australian citizens a new advantage in that they can designate that property held in an EU country be decided on the law of their nationality
Speaker: Jennifer Beck, Arbitrator/Barrister/Mediator
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