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Conflict of Laws - LAWS2082
The Quad

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1001, LAWS1011; or LAWS1610; Corequisite: LAWS2311 or LAWS1010.
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

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 (20%)
Optional essay (30%)
Take-home exam (40% OR 70%)
Class participation (10%)

Course Texts

Prescribed
To be confirmed.

Recommended

  • Dicey & Morris on the Conflict of Laws, 14th ed (2006)
  • Nygh & Davies, Conflict of Laws, 7th ed (2002)
  • Mortensen, Private International Law (2000)
  • Davies, Ricketson & Lindell, Cases and Materials on Conflict of Laws (1997)
  • Tilbury, Davis & Opeskin, Conflict of Laws in Australia

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.