• Offered by ANU Law School
  • ANU College ANU College of Law
  • Classification Advanced
    Specialist
  • Course subject Laws
  • Areas of interest Law

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:

By the conclusion of this course, it is intended that students who have successfully completed all of the course requirements should be able to:
  1. Identify, distinguish and explain theoretical knowledge and general principles of the conflict of laws;
  2. Identify, synthesise and critically examine the theory and principles of choice of law in relation to contract and tort liability;
  3. Examine and critically apply to complex problems, the operation of various rules pertaining to territorial jurisdiction in relation to actions in tort, contract and related fields of law;
  4. Identify, evaluate and critically apply the principles by which judgments and arbitral awards given in countries outside Australia, may be enforced in Australia; and
  5. Plan, design and execute a research project that identifies, critically examines and communicates comparative analysis to complex theoretical issues and practical problems in matters where conflict of laws arise, demonstrating relevant research principles and techniques.

Other Information

This is an intensive course with a 4 day compulsory intensive (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:
  1. Class participation (10%)
  2. Research Essay (90%)
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 hours of face to face teaching (4 day intensive). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
 
Click here for the LLM Masters Program timetable

Requisite and Incompatibility

To enrol in this course you must be studying a: Master of Laws (7300XLLM, MLLM), Master of Laws specialising in International Law (7300XSINTL), Master of Laws specialising in Law, Governance and Development (7300SLGD), Master of Laws specialising in Environmental Law (7300SENVL), Master of Laws specialising in Government and Commercial Law (7300SGCL), Master of Laws specialising in International Security Law (7300SISL), Master of Laws in Migration (NLLML), Master of Laws in International Law (NLLIL), Master of Laws in Environmental Law (NLLEN), Master of Laws in Law, Governance & Development (NLLGD), Master of Laws in International Security Law (NLLSL), Master of Laws in Government and Regulation (NLLGR), Master of Laws (Legal Practice) (7312XLLMLP), Master of Diplomacy/Master of Laws (7883SINTL, 7883XLLM), Master of Legal Practice (MLEGP). OR Must be studying a: Master of Diplomacy/Master of International Law (7893MDIPL, 7893XMINTL), Master of International Law (7310XMINTL), Master of Environmental Law (7309XMENVL), Master of Law, Governance & Development (7317XMLGD), Master of International Security Law (7318XMISL), Master of Government and Commercial Law (7313XMGCL), Master of Legal Studies (7305XMLEGS), and completed LAWS8015 Fundamentals of Government and Commercial Law or LAWS8587 Legal Framework of Regulation. OR Must be studying a Juris Doctor (7330XJD, 7330HJD or MJD) and have completed or be completing five LAWS1000 level courses or five LAWS6100 level courses. OR Must be studying a Graduate Certificate of Law (CLAW) and have completed or are completing LAWS8586 Law and Legal Institutions and LAWS8587 Legal Framework of Regulation. OR Must be studying a Master of Military Law (MMILL) OR Must be studying a Juris Doctor (MJDOL) and have completed the course LAWS8712 Australian Public Law & International Law B Students undertaking any ANU graduate program may apply for this course. Enrolments are accepted on a case-by-case basis. Contact College for permission number.

Prescribed Texts

There is no prescribed text for this course.

Preliminary Reading

  • Martin Davies, Andrew Bell and Paul Brereton, Nygh’s Conflict of Laws in Australia, LexisNexis Butterworths, Sydney, 9th ed, 2013
  • Reid Mortensen, Richard Garnett and Mary Keyes, Private International Law in Australia, LexisNexis Butterworths, Sydney, 2nd ed, 2011

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.

An e-brick will be available on the Wattle course site.

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
Domestic fee paying students
Year Fee
2018 $3660
International fee paying students
Year Fee
2018 $5160
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.

Summer Session

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
1671 08 Feb 2020 08 Feb 2020 28 Feb 2020 20 Apr 2020 In Person View

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