78275 Private International Law
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106c Principles of Public International Law) OR ((22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies)) OR (70106c Principles of Public International Law AND (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 70107c Principles of Company 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.
Anti-requisite(s): 78157 Private International Law
Description
This subject is an advanced study of private international law as it operates within the Commonwealth of Australia and in relation to overseas countries, with emphasis on issues of current relevance, and with reference to American and European law. In this context, governing doctrinal principles and leading cases on conflicting issues from private law, including torts, contracts, agency, marriage, divorce, inheritance and real property are discussed. Important rules laid down in international treaties, which have priority over national conflict of laws are addressed. In particular, current developments at the Hague Conference on Private International Law and in the European Union are examined. The foundation of private international law is also explored.
Assessment
Assessment task 1: Take home essay
| Weight: | 45% |
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Assessment task 2: Take home examination
| Weight: | 45% |
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Assessment task 3: Class participation
| Weight: | 10% |
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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.