Published on 15 May 1992.

ALRC Report 58 (tabled May 1992) examined existing rules governing choice of law and procedure in federal and territory courts and considered whether reform was necessary to make these rules adequate and appropriate to modern circumstances.Choice of Law (ALRC Report 58) outlined constitutional restraints, cross vesting rules, inappropriateness of forum law rules, uncertainty issues and the difficulty in applying choice of law rules to statutory schemes. The report also highlighted that there was a question as to whether choice of law rules needed to be the same within Australia as in the international situation. The report identified the policy issues involved as being that any reform to the law should ensure that the laws should lead to a uniformity of result, they should provide a reasonable degree of certainty and that choice of law rules should be uniform throughout Australia.

View ALRC Report 58 in HTML on the AustLII website.