Glossary

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Conflict of Laws - LAWS3382

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Kensington Campus

Career: Undergraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 3

Enrolment Requirements:

Pre-requisite: Crime & Criminal Process (LAWS1021/JURD7121) & Criminal Laws (LAWS1022/JURD7122) OR Crim. Law 1 (LAWS1001/JURD7101) & Crim. Law 2 (LAWS1011/JURD7111). Co-requisite: Litigation 1 [LAWS2311/ JURD7211] OR Res. Civil Disp. (LAWS2371/JURD7271)

Excluded: JURD7482

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

Conflict of Laws is usually understood to mean the group of principles that govern the Court's approach to private law disputes with an international or interstate character to them. A detailed understanding of the rules is strongly advisable for those considering practice or further study with an international element.

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

Contracts, Torts, Litigation 1.

Course Objectives

By the end of the course, students should have a thorough understanding of the key issues that typically arise in international litigation and, to a lesser extent, interstate litigation. In particular, students will learn:

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

Mid-session take-home exam (40%)

End of session take-home exam (40%)

Class participation (20%)

Course Texts

Prescribed
To be confirmed.

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