Conflict of laws 415
Professor S Ricketson
15 points * Three 1-hour seminars per week * Second semester * Clayton
Conflict of laws deals with legal problems that arise in cases involving a foreign element. In such cases, three particular questions may arise: (i) whether a Victorian court has jurisdiction; (ii) which law should govern the substantive issues; and (iii) what effect does foreign judgment have in Victoria. This subject begins with a consideration of the history of conflict of laws and the theories underlying it. Jurisdictional issues will then be examined briefly and followed by a discussion of choice-of-law principles and the limitations that exist on the application of foreign law. Connecting factors in choice-of-law questions will then be discussed followed by a study of the specific rules applying in selected areas, such as torts, contract, property and succession. Other topics to be considered include conflict issues arising in a federal jurisdiction and the recognition of foreign judgments.
Assessment
Written research assignment (3500 to 4500 words): 40% * Terminal examination (2 hours plus 30 minutes reading and noting time): 60%
Prescribed texts
Sykes E and Pryles M Conflict of laws: Commentary and materials Law Book, 3rd edn, 1988
Recommended text
Nygh P Conflict of laws in Australia Butterworths, 5th edn, 1991
Sykes E and Pryles M Australian private international law Law Book, 3rd edn, 1991