76112 Australian Private International Law
6cpRequisite(s): (70311 Torts AND 70616 Australian Constitutional Law) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Description
We live in a globalised world: Australians travel overseas extensively, buy goods and services online, and our updates on social media platforms like Facebook and Twitter get read, re-posted and re-tweeted in Australia and around the world. Everyday actions may bring us into contact with legal systems beyond Australia's. As the way we live our lives changes and becomes more globalised, it is inevitable that the interaction between the Australian legal system and overseas jurisdictions arises in everyday legal practice. Australian private international law is the body of Australian legal principles which govern the interaction between Australian law and overseas jurisdictions. In this subject we focus on the interaction of Australian and overseas legal systems, especially 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 of contract, torts and inter vivos property transactions. As issues of private international law often arise in the context of litigation, this subject also introduces students to advocacy skills in a private international law context with a strong emphasis on mirroring real-world application of private international law in oral advocacy and mooting.
Detailed subject description.