76112 Australian Private International Law
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70311 Torts AND 70616 Australian Constitutional Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
This subject examines the interaction of two or more legal systems, specifically focusing on the international jurisdiction of the Australian courts, the recognition and enforcement of foreign judgments and decrees, and the problem of choice of law as it arises with respect to areas such as marriage, matrimonial causes, contract, torts, inter vivos property transactions and succession. The subject also deals with choice-of-law issues as they arise between the Australian states.
Assessment
Assessment task 1: Take home essay
| Objective(s): | This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
|---|---|
| Weight: | 45% |
Assessment task 2: Take home examination
| Objective(s): | This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
|---|---|
| Weight: | 45% |
Assessment task 3: Class participation
| Objective(s): | This task contributes specifically to the development of the following graduate attributes: 3.0 and 5.0 |
|---|---|
| Weight: | 10% |
Required texts
Davies, Bell and Brereton, Nygh's Conflicts of Law (8th ed, 2010, LexisNexis Butterworths)
References
Textbook References:
- Davies, Ricketson & Lindell, Conflict of Laws – Commentary & Materials, (1997), Butterworths.
- Tilbury, Davis & Opeskin, Conflict of Laws in Australia, (2002), Oxford University Press.
- Sykes & Pryles, Australian Private International Law, Third Edition, (1991), Law Book Company.
- Cheshire & North, Private International Law, Twelfth Edition, (1992), Butterworths.
- Scoles & Hay, Conflict of Laws, Second Edition, (1992), West Publishing Co.
- Zines, Cowen and Zines’s Federal Jurisdiction in Australia, Third Edition, (2002), Federation Press.
- Bell, Forum Shopping and Venue in Transnational Litigation, (2002), Oxford University Press.
- Fitzgerald, Middleton & Fitzgerald, Jurisdiction and the Internet, (2004), Law Book Company.
- Mortensen, Private International Law, (2nd ed, 2011), Butterworths.
Law Reform References:
- Australian Law Reform Commission, Choice of Law, Report 58, (1992).
- Australian Law Reform Commission, The Judicial Power of the Commonwealth: A Review of the Judiciary Act 1903 and Related Legislation, Report 92, (2001), Ch 30.
