Offered
Clayton First semester 2008 (Day)
Synopsis
Topics include:
- the legal problems that arise in cases involving a foreign element (in such cases, questions may arise re whether a Victorian court has jurisdiction to consider the matter, which law should govern the substantive issues, and what effect foreign judgments and orders have in Victoria);
- the history of conflict of laws and the theories underlying it;
- jurisdictional issues, choice-of-law principles and the limitations that exist on the application of foreign law;
- the specific rules applying in selected areas, such as torts, contract, property and succession; and
- conflict issues arising in a federal jurisdiction and the recognition and enforcement of foreign judgments.
Objectives
Students who successfully complete this unit should
- be in a position to identify when a particular fact situation involving a foreign element raises conflictual issues, and what those issues are;
- be able to advise on how those issues would be approached by an Australian court;
- have some awareness of the theoretical and policy justifications for the conflictual rules that would be applied in such a situation;
- have an appreciation of the rules that govern the recognition and enforcement of foreign judgments in Australia;
- have an appreciation of the private international law aspects of jurisdictional questions;
- be able to examine critically the current state of the law relating to conflicts and
- have some awareness of how conflicts are resolved in other jurisdictions, both under the common law and under civil law.
Assessment
Essay (5,000 words): 60%
Examination (2 hours writing time plus 30 minutes reading and noting time): 40% OR Examination (3 hours writing time plus 30 minutes reading and noting time): 100%
Contact hours
Three hours of lectures per week
Prerequisites
LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102; LAW3400 or LAW3401 and LAW3402
Co-requisites
LAW2200 or LAW2201 and LAW2202, LAW5104
