Conflict of Laws, also sometimes called Private International Law, is concerned with what happens in cases where not all of the facts are tied to one jurisdiction. In the federal system of Australia, this can occur both within a domestic intra-Australia context and in an international context. While this course deals with a number of specific theoretical frameworks, it is taught largely from a practical standpoint aimed at preparing lawyers for handling cases with trans-jurisdictional issues. The three core components of the course investigate:
- Jurisdiction: When domestic courts can hear cases that involve parties and property from outside the territory of the court.
- Choice of Law: Which law is applicable when a case has connections with a number of different jurisdictions. In particular, this course considers contract, family and tort disputes that involve a variety of jurisdictions.
- Enforcement of Judgements: How to enforce a court judgement or arbitral award from another jurisdiction in local courts.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
On the successful conclusion of the course, students will have a coherent and advanced understanding of the three areas of conflict of laws covered in the course. Specifically, students should be able to:- explain, summarise and apply the conflict of laws rules;
- recognise, explain and analyse the various themes and theoretical perspectives covered in this course;
- plan and conduct research with some independence in the form of a research essay;
- apply the conflict of law rules to solve complex conflicts of laws problems in the form of a take-home exam.
Indicative Assessment
1. Take-home exam (50%)2. Research essay (50%, 2,500 words)
The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
Workload
Three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course.Requisite and Incompatibility
Fees
Tuition fees are for the academic year indicated at the top of the page.
If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- 3
- Unit value:
- 6 units
If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2018 | $3420 |
- International fee paying students
| Year | Fee |
|---|---|
| 2018 | $4860 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
First Semester
| Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
|---|---|---|---|---|---|---|
| 3499 | 19 Feb 2018 | 27 Feb 2018 | 31 Mar 2018 | 25 May 2018 | In Person | N/A |
