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Commercial Conflicts of Laws - LAWS8041

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Prerequisite: Academic Program must be either 9200, 9210 or 5740.

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

The course considers issues relating to conflicts of laws in an international context. Likely topics are common law rules of jurisdiction in international litigation; the Brussels regulation and its application in the EU; recognition and enforcement of foreign judgments at common law and under the Brussels regulation; classical doctrinal issues such as renvoi, characterisation etc; choice of law in contract – the Rome Convention and comparison with the Australian position; choice of law in tort- common law rules Rome II regulation and comparison with the Australian position.

LLM Specialisation

Corporate and Commercial Law
Corporate Commercial & Taxation Law
International Business and Economic Law

Recommended Prior Knowledge

None

Course Objectives

A student who has successfully completed this subject should:

Understand the nature and scope of cross-border disputes (both transnational and intra-federal) before Australian courts; and in the courts of Member States of the European Union;
Understand the principles relating to civil jurisdiction and applicable law in Australia and in the European Union;
Have an appreciation of the principles that govern the recognition and enforcement of foreign judgments in Australia and in the European Union;
Demonstrate a capacity to (i) compare and contrast the approaches adopted in Australia and in the European Union (ii) apply the above principles to specific case situations and (iii) engage in oral and written expression and argument.

Main Topics