units

LAW4156

Faculty of Law

18 September 2017 22 November 2024

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This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Offered

Not offered in 2016

Synopsis

This unit looks at the principles that the Australian courts apply to civil cases in which not all facts are linked to a single jurisdiction. There may be links to foreign countries or to more than one Australian jurisdiction. The main questions considered in this unit are:

  • when do the Australian courts assume jurisdiction in civil and commercial cases involving a foreign element?
  • when can foreign judgments in civil and commercial matters be enforced in Australia?
  • what are the general principles of choosing the applicable law in cases involving a foreign element?
  • what are the specific rules of choosing the applicable law for contract, tort and marriage?
  • what are the theories underlying the rules on choice of law?

This unit is highly useful for students who plan to go into legal practice.

Outcomes

At the successful completion of this Unit, students will be able to:

  1. Explain and evaluate the principles and rules applied by Australian courts to civil cases in which not all facts are linked to a single jurisdiction;
  2. Analyse the aims of private international law and critically evaluate the underlying policies and theories;
  3. Demonstrate intellectual and creative skills to articulate legal and policy issues, to research, interpret and synthesise relevant legal, policy and factual matters, and to formulate reasoned and appropriate responses to legal problems;
  4. Communicate in ways that are effective, appropriate and persuasive; and
  5. Learn and work autonomously and use feedback to improve their capabilities and performance.

Assessment

Class Participation: 10%; Research assignment (max. 2000 words): 40%; and examination (2 hours writing and 30 minutes reading and noting): 50%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Dr Sirko Harder

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2101; LAW2102; LAW2201; LAW2202

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112