LAW4156 - Conflict of laws 406

Leader: Semester Two: Rowena Cantley-Smith

Offered

Clayton Second semester 2007 (Day)

Synopsis

Topics include:

• the legal problems that arise in cases involving a foreign element (in such cases, questions may arise re whether a Victorian court has jurisdiction to consider the matter, which law should govern the substantive issues, and what effect 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; and
• conflict issues arising in a federal jurisdiction and the recognition and enforcement of foreign judgments.

Objectives

Students who successfully complete this unit 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 hours of lectures per week

Prerequisites

LAW3400 or LAW3401 and LAW3402; LAW2100 or LAW2101 and LAW2102

Co-requisites

LAW2200 or LAW2201 and LAW2202, LAW5104