LAW4156

Conflict of laws 406

(LAW)

Not offered in 2001

Mr Richard Garnett

6 credit points + Three 1-hour classes per week + Clayton + Prerequisites: LAW2100, LAW3400 + Corequisites: LAW2200, LAW5104

Synopsis: The legal problems that arise in cases involving a foreign element. In such cases, three questions may arise: (i) whether a Victorian court has jurisdiction to consider the matter, (ii) which law should govern the substantive issues, and (iii) what effect do 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. Conflict issues arising in a federal jurisdiction and the recognition and enforcement of foreign judgments.

Assessment: Optional written assignment: 30% + Final examination: 70% or 100%