Conflict of Laws - JURD7482
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: 3
Enrolment Requirements:
Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.
Excluded: LAWS3382
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 will be broken down into three broad parts:
1. Jurisdiction (concerning the circumstances in which a particular Court will assume jurisdiction over a particular dispute having regard to territorial considerations);
2. Choice of law (concerning the system of national or state law that the Court will apply to the dispute, having assumed jurisdiction over it); and
3. Enforcement and recognition of foreign and interstate judgments.
In addition, the course will cover some of the basic weapons in an international litigator's arsenal, such as anti-suit injunctions and worldwide Mareva orders. There will also be discussion of the interaction between the system of international arbitration and the Courts.
Recommended Prior Knowledge
Course Objectives
- The circumstances in which Australian courts will exercise jurisdiction over foreign persons or over disputes with an international element
- The principles governing the enforcement of jurisdiction clauses
- The procedure for commencing proceedings in relation to disputes with an international element, including the choice of forum
- Some of the issues arising from the intersection of international arbitration and the Courts
- The principles governing the making of worldwide Mareva orders and international anti-suit injunctions
- The rules governing the choice of law for contracts, torts, property disputes and family law disputes where there is an international element
- The rules governing the choice of law in disputes with an inter-State element
- The extra-territorial application of State and Federal statutes
- The principles and procedures according to which foreign judgments will be enforced in Australia
Main Topics
- Jurisdiction: Exercising local jurisdiction in respect of disputes with an international element; Exercising jurisdiction over persons or conduct abroad; International dispute resolution
- Choice of law: Choice of law within Australia; Choice of law between Australian and foreign law
- Enforcement of foreign judgments and arbitral awards
Assessment
End of session take-home exam (40%)
Class participation (20%)
Study Levels
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