A Comparative Study of Australia and Slovenia’s Private International Laws and the Application of Citizenship and Residence

Abstract

This article shows that the transnational engagement of citizens between Australia and Slovenia, and other countries in not new. Slovenia and Australia have a long standing relationship that dates back to the late nineteenth century. This article compares the private international laws (PIL) of Australia and Slovenia, and the application of citizenship and residence. Transnational engagements in private activities such as marriage, founding a family and purchasing property in another country other than the citizen’s country of origin has been occurring for decades. Australia and Slovenia have taken a very different approach to the administration and regulation of private international law. The article attempts to address the differences taken by both states in developing their respective regulatory frameworks to regulate PIL matters. A key feature of Australia’s common law system is the responsibility of the judiciary to determine the choice of law. Australia, when compared to Slovenia has limited legislation specific to PIL. Slovenia has a single private international law act. Finally, this article will also highlight the difference between the common law and civil law principles of domicile and residence.