LAW4156

Conflict of laws 406 (6 points)

(LAW)

Leader: Ms Rowena Cantley-Smith

Offered:
Clayton First semester 2004 (Day)
Clayton First semester 2005 (Day)
Clayton Second semester 2005 (Day)

Synopsis:

Objectives: Students who successfully complete this subject should (1) be in a position to identify when a particular fact situation involving a foreign element raises conflictual issues, and what those issues are; (2) be able to advise on how those issues would be approached by an Australian court; (3) have some awareness of the theoretical and policy justifications for the conflictual rules that would be applied in such a situation; (4) have an appreciation of the rules that govern the recognition and enforcement of foreign judgments in Australia; (5) have an appreciation of the private international law aspects of jurisdictional questions; (6) be able to examine critically the current state of the law relating to conflicts and (7) 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% + Final Examination (2 hours plus 30 minutes reading and noting time): 40% OR Final examination (3 hours plus 30 minutes reading and noting time): 100%

Contact Hours: Three 1-hour classes per week

Prerequisites: LAW1100 Legal Process, LAW2100 Contract, LAW3400 Property

Corequisites: LAW2200 Torts OR LAW2201 Torts A and Torts B, LAW5104 Civil Procedure