- Class Number 4285
- Term Code 3130
- Class Info
- Unit Value 6 units
- Mode of Delivery Online
- Prof James Stellios
- William Gummow
- Class Dates
- Class Start Date 22/02/2021
- Class End Date 28/05/2021
- Census Date 31/03/2021
- Last Date to Enrol 01/03/2021
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.
Upon successful completion, students will have the knowledge and skills to:
- Identify, distinguish and explain theoretical knowledge and general principles of the conflict of laws;
- Identify, synthesise and critically examine the theory and principles of choice of law in relation to contract and tort liability;
- 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;
- Identify, evaluate and critically apply the principles by which judgments and arbitral awards given in countries outside Australia, may be enforced in Australia; and
- 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.
This course has two teachers. Professor William Gummow is a former High Court Justice who wrote many of the judgments that will be studied in this course. Professor James Stellios is an active researcher in the field of federal jurisdiction and has published on topics studied during this course. He is also a practising barrister and has advised clients on conflicts issues and appeared in conflicts cases.
The essay option in this course provides students with an opportunity to undertake independent research into a topic covered in the course.
* Library E-book
Davies, Bell, Brereton and Douglas, Nygh's Conflict of Laws in Australia (10th ed, 2020)
Mortensen, Garnett, Keyes, Private international law in Australia (4th ed, 2019)
Adrian Briggs, The Conflict of Laws (4th ed, 2019)
Students will be given feedback in the following forms in this course:
- detailed comments on assessment items.
ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.
Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties
Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties
Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the Law School Grading Distribution Policy has been suspended pending the development of a new policy. For further information about the interim policy, please see: https://law.anu.edu.au/current-students/policies-procedures/grading
Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements or updates relating to the course.
|Week/Session||Summary of Activities||Assessment|
|1||Introduction to basic conflict of laws questions and principles|
|2||Service out of jurisdiction, cross-vesting between States, and foreign state immunity|
|3||Stays and anti-suit injunctions|
|4||Choice of Law: tort, contract, fiduciary duties, substance/procedure|
|5||Choice of law and the federal system|
|6||Proof of foreign law, registration of foreign judgments and arbitral awards; revision for take-home assignment|
|Assessment task||Value||Due Date||Return of assessment||Learning Outcomes|
|Online Quiz||0 %||15/03/2021||15/03/2021||1, 2|
|Mid-semester assignment||50 %||27/04/2021||21/05/2021||1, 4|
|Research Essay||50 %||28/05/2021||01/07/2021||1, 3|
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:
The ANU is using 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. For additional information regarding Turnitin please visit the Academic Integrity . In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.
Moderation of Assessment
Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.
Assessment Task 1
Learning Outcomes: 1, 2
Details of the Task: Online quiz to be taken on Wattle. This assessment task is designed to give students an opportunity to receive feedback on their progress in the course.
Nature of Task: Optional online quiz to be taken on Wattle.
Weighting: 0 %
Release: Friday, 12 March at 10.00am. The quiz will end on Monday, 15 March at 5.00pm. The quiz will not be accessible after the closing time. No submissions after the due date are permitted.
Estimated return date: Result available immediately upon completion of quiz.
Assessment Task 2
Learning Outcomes: 1, 4
Details of Task: The course is designed to introduce students to the three main areas of conflict of laws: jurisdiction, choice of law and recognition of judgments of other law areas. The mid-semester assignment will seek to test the practical application of the legal rules relevant to these three main areas covered during the course. Students will be required to demonstrate an understanding of the relevant legal rules and apply them to a factual scenario presented in the assignment question. You will be expected to explain, summarise and apply the conflict rules to solve a complex hypothetical problem. All course material on these three areas from weeks 1-6 may be assessed in the assignment.
Nature of Task: The mid-semester assignment is compulsory and a failure to complete it will result in a 0 this assessment item.
Release Date: The mid-semester assignment will be available at 5.00pm on Friday, 23 April 2021.
Due date: The mid-semester assignment will be due at 5.00pm on Tuesday, 27 April 2021. Assignments must be submitted via Turnitin. If you experience unavoidable and extenuating circumstances and cannot complete the assignment at the due date and time, you should apply for an extension to the College of Law student admin team here: https://law.anu.edu.au/forms/assessment-extension-request. The College will give you one further opportunity to complete the assignment, at the same time one week later. This will be your final opportunity to complete the assignment.
Word Limit: 3000 words
Estimated return date: Depending on the number of students enrolled in the course, it is expected that the assignment results and feedback will be available on Wattle by the end of week 11.
Assessment Criteria: The following criteria will be applied when assessing the assignment:
- Students should identify the relevant issues from the factual scenario presented in the question.
- Students should identify and accurately explain the applicable legal principles, providing relevant authority in support.
- Students should accurately and concisely apply the legal principles to the factual situation, drawing by analogy from the cases considered in the course where relevant and appropriate.
- Students should avoid irrelevant issues.
Assessment Task 3
Learning Outcomes: 1, 3
Details of Task: The course is designed to introduce students to the complex rules of conflict of laws. The essay question will require students to explore and critically analyse a conflict of laws issue or issues. In responding to the essay question, students will be expected to recognise, explain and analyse themes or theoretical perspectives covered in this course and independently plan and conduct legal research. The question will focus on one or more conflicts areas covered in this course.
Nature of Task: The essay is compulsory and a failure to complete it will result in a zero grade for this assessment item.
Release Date: The essay question will be available on the Wattle course web-page at 10.00am on Tuesday, 13 April 2021.
Due Date: Essays will be due at 5.00pm on Friday, 28 May 2021. Essays must be submitted via Turnitin. Late submissions (without an extension) will be accepted, although late penalties will apply.
Word Limit: 3000 words
Estimated return date: On release of final results on 1 July 2021. Feedback will be provided via Turnitin.
Assessment Criteria: The following criteria will be applied when assessing the essay:
- Students will be expected to critically reflect on course material relevant to the essay question.
- Students will be expected to demonstrate strong research and analytical skills. Research should cover relevant and appropriate primary and secondary materials, be wide-ranging, and critically selected and used. There should be appropriate use of legal authority to support the arguments put forward.
- Students will be expected to demonstrate clear communication skills in presenting arguments, ideas and analysis.
- Students will be expected to organise arguments and ideas in a structured way and respond to the question asked. Arguments should be clearly expressed and well-reasoned.
- Students must comply with the principles of academic honesty.
- Students will be expected to use the Australian Guide to Legal Citation 4, and failure to do so may affect the awarded mark.
Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.
The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.
The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.
You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.
For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.
Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:
- Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
- Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.
Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.
Extensions and Penalties
Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.
Distribution of grades policy
Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.
Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.
Support for students
The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).
- ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
- ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
- ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
- ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
- ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
- ANUSA supports and represents undergraduate and ANU College students
- PARSA supports and represents postgraduate and research students
Conflict of laws, constitutional law, federal judicial system
Prof James Stellios