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Conflict of laws 406 (6 points)


Leader: Ms Rowena Cantley-Smith

Clayton First semester 2004 (Day)

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%

Contact Hours: Three 1-hour classes per week

Prerequisites: LAW2100, LAW3400

Corequisites: LAW2200, LAW5104

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