Cases before Australian Courts concerning Questions of Public and Private International Law 2023

Abstract

Introduction: This article surveys decisions of select Australian courts that considered mat ters of private and public international law in 2023. This is not intended to be a summary of every Australian case that touched on a matter of international law throughout that year. Rather, we have curated a summary that explores those cases where international law or principles formed a significant part of the submissions and judgment in the case. To assist readers to navigate this article, we have grouped cases into four categories which are introduced briefly in the sections that follow. a) Arbitration and foreign State immunity; b) Migration; c) External affairs; and d) Human rights and discrimination. Show more