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.
Other Information
This is an intensive course with 4 days of compulsory attendance required (see LLM timetable for dates).Approximately 6 weeks from the completion of the intensive your final assessment will be due. Contact with fellow students and the convenor, both prior to the intensive and after, is conducted via the Wattle course site.
Indicative Assessment
It is likely the assessment will consist of:
- one research paper (100%, 7000-8000 wds), or
- two research papers (50% each, 3500-4000 wds each)
Students must rely on the approved Course Study Guide 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
Click here for current LLM Masters Program timetable
Requisite and Incompatibility
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 completed LLB, or JD (completed or completing)
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. 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 |
|---|---|
| 2015 | $2958 |
- International fee paying students
| Year | Fee |
|---|---|
| 2015 | $4146 |
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.
Spring Session
| Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
|---|---|---|---|---|---|---|
| 9692 | 12 Nov 2016 | 12 Nov 2016 | 25 Nov 2016 | 08 Jan 2017 | In Person | N/A |
