Choice of Law in Federal Jurisdiction after Rizeq v Western Australia

Abstract

This article considers the impact of the High Court’s decision in Rizeq v Western Australia on choice of law in federal jurisdiction. Section 79(1) of the Judiciary Act 1903 (Cth), along with s 80 of that Act, have been seen as central to choice of law when a court exercises federal jurisdiction. The High Court’s decision in Rizeq has reconceptualised the operation of s 79(1) and, while Rizeq was not a choice of law case, the High Court’s decision undoubtedly has choice of law implications.