Conflict of Laws, sometimes referred to as Private International Law, is concerned with cases where facts can be tied to multiple jurisdictions. In the federal system of Australia, this can occur both within a domestic intra-Australian context and an international context. While this course deals with specific theoretical frameworks, it is taught from a practical standpoint, aimed at preparing lawyers for cases with trans-jurisdictional issues. 

The 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. (This course considers contract, tort and equity disputes that involve a variety of jurisdictions); and
• Enforcement of Judgements: How to enforce a court judgement from another jurisdiction in local courts.

To develop their knowledge and skills, students will engage in a range of learning activities, including lectures with guest speakers and seminars.

Learning Outcomes

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

1. Synthesise and apply the theory and principles of the conflict of laws;
2. Critically evaluate the theory and principles of choice of law in relation to contract and tort liability;
3. Review 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. Assess and apply in a critical manner the principles that govern how judgments and arbitral awards from foreign countries may be enforced within Australia.; and
5. Plan and conduct research that critically examines and communicates complex theoretical issues and practical problems in matters where conflict of laws arise, demonstrating relevant research principles and techniques.

Research-Led Teaching

The course convenor and the contributing lecturer have both researched and practised in the field. The course will also be supplemented with guest lectures from practitioners. The essay option in this course provides students with an opportunity to undertake independent research into a topic covered in the course.

Required Resources

There is no prescribed textbook for this course. Readings will be made available on Wattle.

Recommended Resources

Students seeking additional guidance may consult the two leading textbooks:

- Martin Davies et al, Nygh’s Conflict of Laws In Australia (LexisNexis, 10th ed, 2019)

- Reid Mortensen, Richard Garnett and Mary Keyes, Private International Law in Australia (LexisNexis, 5th ed, 2023)

However, neither is required reading.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments

• verbal comments

Student Feedback

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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of grades policy: 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 any announcements relating to the course.

Artificial Intelligence (AI): The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies. The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.
• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.
• The ANU College of Law Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction (Kieran Pender)	Weekly course activities: Pre-recorded lecture – 1 hour (2 hours in weeks 1, 8 and 10) Seminar – 2 hours In line with the University’s recording policy, lectures, seminars and lectorials will be recorded and made available for students on Echo360. However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.
2	Service; Foreign State Immunity (Professor James Stellios)
3	Stays (Kieran Pender)
4	Stays (continued) (Kieran Pender)
5	Anti-Suit Injunctions (Kieran Pender)
6	Q&A; Guest Lecture – Attorney-General’s Department (Kieran Pender)
7	Reading week - no lecture or seminar
8	Choice of Law – Substance v Procedure; Tort (Kieran Pender)
9	Choice of Law – Contract; Fiduciary Duties (Kieran Pender)
10	Choice of Law and the Australian Federal System (Professor James Stellios)
11	Recognition and Enforcement of Foreign Judgments (Kieran Pender)
12	Recap; Guest lecture – Dr Chris Ward SC; Q&A (Kieran Pender)

Tutorial Registration

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.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Optional Online Quiz	0 %	*	*	1,2
Research Essay	50 %	19/04/2024	15/05/2024	1,2,3,4,5
Take Home Assessment	50 %	30/05/2024	*	1,2,3,4

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

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 Skills website. 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.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

In line with the University’s recording policy, lectures, seminars and lectorials will be recorded and made available for students on Echo360. However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.

Examination(s)

There is no examination for this course.

Assessment Task 1

Optional Online Quiz

Details of Task: Optional online quiz to be taken on Wattle.

Nature of Task: Optional. This assessment task is designed to give students an opportunity to receive feedback on their progress in the course.

Weighting: 0%

Release: 10am, Thursday 7 March 2024

Due Date: The optional online quiz will remain open until the end of week 6. As this quiz is open for more than 24 hours, no time adjustments or extensions shall be applied for this task.

Estimated Return Date: Results are available immediately upon completion of quiz.

Assessment Criteria: Assessment Rubric available on Wattle.

Assessment Task 2

Research Essay

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 courts from other law areas. 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 conflict of laws areas covered in this course. Students may be given a choice of one or more questions.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 50%

Release: 10am, 26 February 2024

Word Limit: 3,500 words excluding footnotes. Any substantive content in footnotes will not be marked. The word length must be set out clearly at the end of the final page of your essay. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirement: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, 19 April 2024. Late submission (without an extension) is permitted, although late penalties will apply.

Estimated Return Date: Depending on the number of students enrolled in the course, it is anticipated that essay marks and feedback will be provided by 15 May 2024.

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 thoughtfully 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 well-reasoned; originality will be rewarded.
• Students will be expected to use the Australian Guide to Legal Citations 4, and failure to do so may affect the awarded mark.

Assessment Task 3

Take Home Assessment

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 courts from other law areas. This take home assessment 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 assessment question(s). 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 1-12 may be assessed. The take-home assessment will take the form of a legal submission.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 50%

Release: 9am, 23 May 2024

Word Limit: 3,000 words excluding footnotes. Any substantive content in footnotes will not be marked. The word length must be set out clearly at the end of the final page of your paper. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirement: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, 30 May 2024. Due to the nature of the task, late submission (without an extension ) is NOT permitted. Where you have not been granted an extension, any submission after the due time will not be accepted and a mark of zero will be awarded.

Estimated Return Date: Official end of semester results release date.

Assessment Criteria: The following criteria will be applied when assessing the assessment:

• Students should identify the relevant issues from the factual scenario presented in the question.
• Students should identify and accurately explain the applicable legal rules and 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. Discussion of irrelevant issues will affect the awarded mark.
• Students should comply with style, referencing and structuring requirements, as outlined in the assessment task.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

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. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

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.

Late Submission

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 tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

All marks and feedback will be provided online by the return date listed in the class summary.

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.

Resubmission of Assignments

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

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 Access 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 all ANU students