International Private Law, often referred to as 'Conflict of Laws', is that body of law which deals with disputes which involve the laws of more than one country because some of their constituent elements are connected with more than one such jurisdiction. Those elements might be the events which have given rise to the dispute, the locations which might be involved, or the residential location of the parties. The study of International Private Law is necessarily an exercise in comparative legal analysis. This course provides an advanced treatment of International Private Law consisting of three modules. The first, Jurisdiction, deals with the question of which of the state's courts will adjudicate the dispute. The second module, choice of law, deals with the question of whether the merits of the dispute will be resolved under the substantive law of the state of adjudication or under the law of another involved state. The third module, recognition of judgments, deals with the requirements under which the courts of one state will recognise/enforce a judgment rendered elsewhere.
Not currently offered.
This Course was last offered in Semester 1 - 2014.
On successful completion of the course students will be able to:
1. Demonstrate advanced and integrated understanding of the key legal principles and rules of International Private Law as they have developed in Australia.
2. Explain the specialised rules of International Private Law as they have developed in other jurisdictions which have contact with Australia, such as the United States, United Kingdom and various neighbouring Asian countries ¿ and ascertain how far those rules affect Australian Law.
3. Demonstrate advanced understanding of development of the rules of Private International Law in the context of their daily operation to business activities or accidents.
4. Critically evaluate the ways in which development of the theories and principles of Private International Law has affected the application of those principles in the modern world.
5. Apply specialised knowledge of the tripartite notions of jurisdiction, choice of law and judgement-enforcement in legal problem solving.
6. Critically evaluate the legal policy which underlies the practical application of International Private Law doctrines.
The topics in this course include:
- Introduction to International Private Law
- Introduction to the applied concept of Jurisdiction.
- Jurisdiction in practice: refusal to exercise, anti-suit injunctions.
- Choice of Law in theory and practice.
- Choice of Law in Contract and Tort.
- Recognition and enforcement of foreign judgements.
- Personal connecting factors and their function: nationally, domicile and residence.
- Family relationships in International Private Law.
- Theories of International Private Law.
This course is only available to students enrolled in the Juris Doctor/ Graduate Diploma in Legal Practice or Master of Laws programs.
For international students enrolled in LLM: LAWS 6047 The Australian Legal System For students enrolled in the Juris Doctor/Graduate Diploma in Legal Practice: LAWS 6004A and LAWS6004B Contracts; LAWS 6002A and LAWS6002B Torts A & B; LAWS 6017 Family Law
Essay: Research Essay
Case Study / Problem Based Learning: Problem-based assignment