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:
- Synthesise and apply the theory and principles of the conflict of laws;
- Critically evaluate the theory and principles of choice of law in relation to contract and tort liability;
- 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;
- 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
- 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.
Other Information
N/A
Indicative Assessment
- The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the semester. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the Class Summary and on the course WATTLE page. (100) [LO 1,2,3,4,5]
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
Classes offered in non-standard sessions will be taught semi-intensively with compulsory contact hours of approximately 26 hours of face-to-face teaching. The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
Classes offered during semester periods are expected to have three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
Inherent Requirements
Not applicable
Requisite and Incompatibility
You will need to contact the ANU Law School to request a permission code to enrol in this course.
Prescribed Texts
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when finalised.
Preliminary Reading
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course.
Assumed Knowledge
This course requires a strong understanding of the Australian legal system. It is strongly recommended that students have completed an Australian or equivalent Undergraduate Law Degree, or have practical experience in litigation. Students undertaking any ANU College of Law graduate program may apply for this course if they have the recommended or a cognate background by contacting the College Student and Education Support team for a permission code.
Fees
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you 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). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- 34
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found 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 |
|---|---|
| 2024 | $4980 |
- International fee paying students
| Year | Fee |
|---|---|
| 2024 | $6360 |
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.
First Semester
| Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
|---|---|---|---|---|---|---|
| 3830 | 19 Feb 2024 | 26 Feb 2024 | 05 Apr 2024 | 24 May 2024 | In Person | View |
