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 Conflict of Laws - LAWS2082
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Contact: Potok,Richard
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.167 (more info)
 
 
Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1001, LAWS1011; or LAWS1610; Corequisite: LAWS2311 or LAWS1010.
 
 
Session Offered: See Class Timetable
 
 
Fee Band: 3 (more info)
 
  

Description

The Conflict of Laws or Private International Law is a species of private law which deals with problems involving a foreign or an interstate element. The introduction of that foreign or interstate element necessitates an examination by a New South Wales court of three main issues: 1. Whether or not the court has jurisdiction to deal with the problem, and even if it does, whether or not it will assume jurisdiction. 2. If it has assumed jurisdiction the court must then ask itself what is the most appropriate law to apply to the problem before it. 3. Or, the court may have to decide whether or not to recognize and enforce a judgment of a foreign court or the court of another state. Those problems which involve interstate elements may be affected by provisions of the Commonwealth Constitution or by some federal legislation. Failing that, the solution to these interstate problems may call for an approach that is different to the solution of international problems simply on the basis that we are dealing with States of the same Commonwealth. For the purposes of this course the solutions that courts and legislatures have offered to such problems are examined in a few selected areas such as family law, contracts, torts and property. Wherever possible, emphasis is placed on the development of more appropriate solutions to these problems.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.