Dominique Hogan-Doran SC will present on "Proof of Foreign Law" at the Sydney Centre for International Law's Conference on Commercial Issues in Private International Law to be held on 16 February 2018.
Jura novit curia ("the court knows the law") is a maxim known both to the civil law and common law worlds. However, whether this maxim also applies to foreignlaw is something on which various legal systems disagree. The litigant's burden of having to invoke and prove foreign law continues to prove challenging. Failure to discharge the burden could harm a litigant's case, including dismissal of their claim or defence, or the application of unfavourable forum law. Should judges be entitled to rely on paid witnesses to "spoon feed" them foreign law that can be found well explained in treatises and articles readily available on the Internet? This presentation will consider troubles with proof of foreign law and consider recent cases from Australian and UK courts, as well as comparative law approaches.
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Location: Sydney Law School, New Law School Building (F10), Eastern Avenue, Camperdown
Phone: 02 9351 0429