LAW4156

Conflict of laws 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Undergraduate

(LAW)

Leader:

Offered:
Clayton Second semester 2005 (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.

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% + Examination (2 hours writing time plus 30 minutes reading and noting time): 40% OR Examination (3 hours writing time plus 30 minutes reading and noting time): 100%

Contact Hours: Three 1-hour classes per week

Prerequisites: LAW3400 Property OR LAW3401 Property A and LAW3402 Property B

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