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.
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
Please note that the University reserves the right to vary student fees in line with relevant legislation. This fee information is provided as a guide and more specific information about fees, including fee policy, can be found on the fee website.
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