Conflict of Laws, also sometimes called Private International Law, is concerned with what happens in cases where not all of the facts are tied to one jurisdiction. In the federal system of Australia, this can occur both within a domestic intra-Australia context and in an international context. While this course deals with a number of specific theoretical frameworks, it is taught largely from a practical standpoint aimed at preparing lawyers for handling cases with trans-jurisdictional issues. The three 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. In particular, this course considers contract and tort disputes that involve a variety of jurisdictions
• Enforcement of Judgments: How to enforce a court judgment or arbitral awarded from another jurisdiction in local courts.

A compulsory mid-term exam (40%) and a compulsory final exam (60%).  Details of the final assessment will be provided on the course home page by the first week of semester.

Three hours of in-class time per week.

Completed or completing five LAWS courses at 1000 level.

Please refer to LAWS2212 course home page.

Students wishing to gain an understanding of the subject may wish to read the introductory chapter in either P E Nygh and M Davies, Conflict of Laws in Australia (7th ed, 2002) or Martin Davies, Sam Ricketson and Geoffrey Lindell, Conflict of Laws: Commentary and Materials (1997).

This is an extremely useful course both for people who plan to practice litigation in a domestic and international context. People who intend to be transactional lawyers will also benefit from having a sound grounding on the issues to be able to draft predictable outcomes in light of Conflicts risks.