Conflict of Laws

Course code LAWS5008Units 10Level 5000Faculty of Business and LawNewcastle Law School

LAWS courses are only available to students enrolled in Bachelor of Laws (LLB) degree programs.

Also called Private International Law, deals with problems involving foreign or interstate elements which may be affected by provisions of the Commonwealth Constitution or by Federal and State legislation. The solutions that courts and legislatures have offered to conflict problems in a few areas of law will be examined critically.

This LAWS 5000 level elective course is offered on a rotating basis and subject to student demand.

Not available in 2014

Previously offered in 2009, 2007, 2005
Objectivesa) To familiarise students with the Australian rules relating to jurisdiction, foreign judgments, and choice of law in selected areas of the Conflict of Laws.

b) To make students aware of the mechanics of resolving Conflicts problems, so that students will be able to solve problems in areas which cannot (for considerations of time) be covered in this course.

c) To develop a critical appreciation of the conflicts rules which have been developed by the courts in the light of the policy issues involved, and in the light of solutions suggested by alternative methodologies.
ContentConflict of Laws, also called 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 an Australian Court of three main issues:

1. Whether or not the court has jurisdiction to deal with the problems, 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 recognise 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, increasingly, by federal and State 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.

We shall examine critically the solutions that courts and legislatures have offered to conflicts problems in a few selected areas of law.
Replacing Course(s)NA
TransitionNA
Industrial Experience0
Assumed KnowledgeLAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A, LAWS2003B, LAWS3004A, LAWS3004B, LAWS3005.
Modes of DeliveryInternal Mode
Teaching MethodsLecture
Assessment Items
Examination: Open Book60%
Essays / Written Assignments2500 words 40%
Contact HoursLecture: for 3 hour(s) per Week for Full Term
Compulsory Components
Requisite by EnrolmentThis course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs.