Monash University Handbook 2010 Postgraduate - Unit

Synopsis

This subject examines in detail practical issues in conflict of laws that can arise in Australian and transnational cases. The Australian component focuses on the requirements of the federal judicial system, such as the Judiciary Act 1903 (Cth), the cross-vesting scheme, and the Service and Execution of Process Act 1992 (Cth). A knowledge of these requirements is essential for the proper practice of law in Australia. The transnational component concentrates on several themes, including international arbitration (jurisdiction and choice of law questions), e-commerce, and the effect of public international law (such as international trade agreements).

Objectives

On completion of this unit students should have

1. a good grasp of the potential pitfalls of the federal judicial system, and how to avoid them,
2. a sound appreciation of the significance of venue in transnational litigation,
3. an awareness of the effect of public international law on domestic and transnational litigation.

Assessment

2 written assignments (1,875 words each): 50% each and Take home examination (3,750 words): 50%