Deciphering the Conflict of Law Provisions in the Trade Practices Act

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This article examines the interpretation and application of ss 67 and 68 of the Trade Practices Act 1974 (Cth). These conflict of laws provisions restrict party autonomy in choice of law and forum, thereby turning Pt V Div 2 of the Act into mandatory laws of the forum. In light of the High Court's approach to the comparable provisions in the Insurance Contracts Act 1984 (Cth) (Akai Pty Ltd v The People's Insurance Co Ltd (1996) 188 CLR 418), as well as the only relevant case to date (Laminex (Aust) Pty Ltd v Coe Manufacturing Co [1999] NSWCA 370), the author makes suggestions on how to approach ss 67 and 68 by using a hypothetical scenario.
Original languageEnglish
Pages (from-to)149-165
JournalTrade Practices Law Journal
Issue number3
Publication statusPublished - 2003


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