Handbook 1996 : Faculty of Law (Volume 3 page 215)
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Optional Law subject.
Prerequisite: Contracts.
Contact: 2 hours per week
Timetable: Both semesters
Objectives:
Students completing this subject should have: an understanding of the principles on which Australian courts will exercise jurisdiction in a dispute which has an international or interstate element; knowledge of the main choice of law rules applied by Australian courts in relation to selected substantive areas of law; an appreciation of the principles and policy factors which influence the development of choice of law rules, and the possibilities for reform of those rules; an understanding of the theoretical basis on which Australian courts apply foreign law; and considered the extent to which rules of private international law should be modified when applied to Australian interstate conflict of law disputes.
Content:
Conflict of Laws (or Private International Law, the terms are synonymous) is concerned with the situation where a legal dispute which is litigated in the forum has an international or "interstate" element, ie the facts of the particular case have some reference to an Australian State or Territory and a foreign country, or two or more States or Territories with Australia. The course examines the principles on which the court will exercise jurisdiction in an international or interstate dispute. Next, consideration is given to the circumstances in which a foreign or interstate judgment will be recognised or enforced by the courts of the forum. This will be followed by an examination of the choice of law rules for contracts and torts. Personal connecting factors such as domicile, are then examined, to be followed by a study of the choice of law rules concerning property and either matrimonial proceedings or succession. General considerations, such as whether the application of the choice of law rules differ as between international and interstate disputes (including the role of the full faith and credit clause), characterisation and the distinction between substance and procedure, will generally be considered in the course of dealing with the topics mentioned above which relate to the choice of law rules. The doctrine of renvoi and the exclusion of foreign law eg on grounds of public policy, will then be dealt with at the conclusion of the course.
Assessment:
Either Research Assignment 5,000 words (50 per cent) and Final Exam 11/2 hours (50 per cent); or Final Exam 3 hours (100 per cent).
Prescribed texts:
Law subject : Next:730-426 | Prev:730-370 | Search | Help
Handbook 1996 : Faculty of Law (Volume 3 page 215)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.