Conflict of Laws: Private International Law

Course aim

The aim of this final year elective course is to develop a sophisticated understanding of the unique legal and theoretical problems that arise when a court must decide a private dispute that involves an element of foreign law or a connection with a foreign legal system.

Course content

The Conflict of Laws, also known as Private International Law, looks at the unique legal problems that arise when a court must decide a case that involves an element of foreign law. The foreign element may arise either out of a connection with a different country, ie, another sovereign state, or it may arise out of a dispute that crosses state boundaries within a federation. The material covered in this course covers the three important aspects of jurisdiction, the enforcement of foreign judgments and choice of law.

• Nature and Scope of Conflicts
• Jurisdiction
• Inappropriate Forum
• Enforcement of Foreign Judgments
• Choice of Law: Personal Connecting Factors
• Choice of Law: Theory and Technique
• Choice of Law: Exclusion of Foreign Laws
• Choice of Law: Marriage and Divorce
• Choice of Law: Contract
• Choice of Law: Torts

Textbook(s)

Davies M, Bell AS & Brereton PLG 2014, Nygh's Conflict of Laws in Australia, 9th, LexisNexis Butterworths, Sydney

Prerequisite(s)

Corequisite(s)

Teaching method

Note: These components may or may not be scheduled in every study period. Please refer to the timetable for further details.

Assessment

Essay

Fees

EFTSL*: 0.125
Commonwealth Supported program (Band 3)
To determine the fee for this course as part of a Commonwealth Supported program, go to:
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Fee-paying program for domestic and international students
International students and students undertaking this course as part of a postgraduate fee paying program must refer to the relevant program home page to determine the cost for undertaking this course.

Non-award enrolment
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* Equivalent Full Time Study Load. Please note: all EFTSL values are published and calculated at ten decimal places. Values are displayed to three decimal places for ease of interpretation.