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 2010, Nygh's Conflict of Laws in Australia, 8th, LexisNexis Butterworths, Sydney

Prerequisite(s)

Common to all relevant programs
Subject Area & Catalogue Number	Course Name
LAWS 4002	Civil Procedure
LAWS 1015	Torts B
LAWS 1009	Contracts B

Corequisite(s)

Common to all relevant programs
Subject Area & Catalogue Number	Course Name
LAWS 4002	Civil Procedure

Teaching method

Component	Duration
INTERNAL, CITY WEST
Seminar	4 hours x 10 weeks

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:
How to determine your Commonwealth Supported course fee. (Opens new window)

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
Non-award tuition fees are set by the university. To determine the cost of this course, go to:
How to determine the relevant non award tuition fee. (Opens new window)

Not all courses are available on all of the above bases, and students must check to ensure that they are permitted to enrol in a particular course.

* 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.