• Offered by ANU Law School
  • ANU College ANU College of Law
  • Classification Advanced
  • Course subject Laws
  • Areas of interest Law
  • Academic career PGRD
  • Course convener
    • Prof James Stellios
  • Mode of delivery In Person
  • Co-taught Course
  • Offered in First Semester 2021
    See Future Offerings

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:

  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 compulsory on campus component (see LLM timetable for dates).

Approximately 6 weeks from the completion of the on campus component 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

  1. Class participation (10) [LO 1,2,3,4,5]
  2. Research Essay (90) [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 during semester periods are expected to have 3 contact hours per week.

Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (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.

Click here for the LLM Masters Program timetable.

Inherent Requirements

Not applicable

Requisite and Incompatibility

To enrol in this course you must be studying a: Master of Laws (MLLM), Master of Legal Practice (MLEGP); OR Juris Doctor (MJD) and have completed or be completing five 1000 or 6100 level LAWS courses; OR Graduate Certificate of Law (CLAW) and have completed or be completing LAWS8586 Law and Legal Institutions; OR Master of Military Law (MMILL) Students undertaking any ANU graduate program may apply for this course. Enrolments are accepted on a case-by-case basis. Please contact the ANU College of Law for permission number. You are not able to enrol in this course if you have previously completed LAWS4212 Conflict of Laws.

Prescribed Texts

Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately 2 weeks prior to the commencement of the course.

Preliminary Reading

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
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.

First Semester

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
4285 22 Feb 2021 01 Mar 2021 31 Mar 2021 28 May 2021 Online N/A

Responsible Officer: Registrar, Student Administration / Page Contact: Website Administrator / Frequently Asked Questions