• Offered by Law School
  • ANU College ANU College of Law
  • Classification Advanced
    Specialist
  • Course subject Laws
  • Areas of interest Law
  • Academic career PGRD
  • Mode of delivery In Person
  • Offered in Autumn Session 2014
    See Future Offerings

The course deals with the law which a court will apply to an action which contains some "foreign" element - ie, one or more of the facts of the case occurred outside the State or Territory which is hearing the matter.

It also deals with the basis upon which a court in Australia may take jurisdiction over a defendant not resident within the jurisdiction, and the circumstances in which judgments obtained overseas, or arbitral awards given overseas, may be enforced in Australia.

Selected topics include:

  • Choice of Law in Contract
  • Choice of Law in Tort
  • Jurisdiction in actions in contract, tort, for misleading conduct and estoppel
  • Refusal to exercise jurisdiction (forum non conveniens)
  • Enforcement of Foreign Judgments and arbitral awards.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

A participant who has successfully completed this course should:

  • have an overview of the general principles of the conflict of laws;
  • understand the principles of choice of law in relation to contract and tort liability;
  • understand the operation of the various rules relating to territorial jurisdiction in relation to actions in tort, contract and related fields;
  • understand the principles by which judgments and arbitral awards given in countries outside Australia may be enforced in this country.

Indicative Assessment

It is likely the assessment will consist of:

  1. one research paper (100%, 7000-8000 wds), or
  2. two research papers (50% each, 3500-4000 wds each)

Students must rely on the approved Means of Assessment which will be posted to the Wattle course site approximately 4 weeks prior to the commencement of the course.

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

26 Contact Hours (Intensive Delivery over 4 days) plus private study and reading time

2014 Intensive dates: 14-15 & 28-29 June

Click here for current LLM Masters Program timetable

Requisite and Incompatibility

To enrol in this course you must be studying in one of the following programs; Master of Laws (7300) Master of Laws (Legal Practice) (7312) Master of Diplomacy/Master of Laws (7883) Graduate Diploma in Law (6300) OR You must be studying a Juris Doctor (7330) and have completed 30 units of 1000 level law (LAWS) courses AND completed LAWS1204 and LAWS1203. You may not enrol in this course if you have previously completed LAWS2212

Preliminary Reading

Martin Davies, Andrew Bell & Paul Brereton, Nygh's Conflict of Laws in Australia, 8 ed, 2010, Chapters 1, 2 and 3.

A set of reading materials will be prepared and made available on the Wattle course site approximately four weeks before the course starts.

Assumed Knowledge

Assumed knowledge: A Law degree
Required skills: Ability to read and understand selected cases and statutes. 

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. Students continuing in their current program of study will have their tuition fees indexed annually from the year in which you commenced your program. 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
Domestic fee paying students
Year Fee
1994-2003 $1626
2004 $1926
2005 $2298
2006 $2646
2007 $2670
2008 $2670
2009 $2670
2010 $2718
2011 $2778
2012 $2808
2013 $2808
2014 $2808
International fee paying students
Year Fee
1994-2003 $2916
2004 $2916
2005 $3234
2006 $3426
2007 $3426
2008 $3426
2009 $3426
2010 $3750
2011 $3756
2012 $3756
2013 $3756
2014 $3762
Note: Please note that fee information is for current year only.

Offerings, Dates and Class Summary Links

The list of offerings for future years is indicative only.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.

Autumn Session

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
4688 14 Jun 2014 14 Jun 2014 27 Jun 2014 10 Aug 2014 In Person N/A

Responsible Officer: Registrar, Student Administration / Page Contact: Website Administrator / Frequently Asked Questions