Semester 3, 2022 Online | |
Units : | 1 |
Faculty or Section : | Faculty of Business, Education, Law and Arts |
School or Department : | School of Law and Justice |
Grading basis : | Graded |
Course fee schedule : | /current-students/administration/fees/fee-schedules |
Staffing
Examiner:
Requisites
Pre-requisite: (LAW2202 or LAW1123 or LAW5602 or LAW5123) and (LAW1124 or LAW5124 or LAW2204 or LAW5604)
Overview
Cross-Border Litigation relates to litigation and private legal obligations that cross borders - whether national or state borders. The course includes the power of Australian courts to deal with international and interstate litigation, opportunities for and restraints on forum shopping, and the enforcement of foreign and interstate judgments. It also involves choice of law: the principles by which a court will apply the law of another country or state in nominated fields of contract, tort, marriage and divorce, and property law.
Course learning outcomes
On successful completion of the course, students should be able to:
-
demonstrate an understanding of Australian private international law that includes:
- underlying principles and concepts, including international and comparative principles, of private international law; and
- the broader contexts within which multistate and cross-border legal issues arise;
-
- identify and articulate multistate and cross-border legal issues.
- comprehend legal and other materials relevant to private international law.
- apply legal reasoning and research to generate appropriate responses to multistate and cross-border legal issues.
- engage in critical analysis of multistate and cross-border legal issues, and make a reasoned choice of legal and other materials amongst alternatives available for private international law;
- demonstrate the intellectual skills needed to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues relevant to multistate and cross-border legal issues;
- learn and work independently, including by demonstrating management, planning and organisation skills and self-directed engagement and initiative in the study of private international law.
Topics
Description | Weighting(%) | |
---|---|---|
1. | Multistate legal problems | 10.00 |
2. | The cross-border jurisdiction of Australian courts | 10.00 |
3. | Limitations and restraints on cross-border jurisdiction | 10.00 |
4. | The effect of foreign and interstate judgments | 10.00 |
5. | Choice of law method 1: the general part | 10.00 |
6. | Choice of law method 2: complications and exclusions | 10.00 |
7. | Personal connecting factors | 10.00 |
8. | International family law | 10.00 |
9. | Choice of obligations law | 10.00 |
10. | Choice of property law | 10.00 |
Text and materials required to be purchased or accessed
Student workload expectations
To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.
Assessment details
Description | Group Assessment |
Weighting (%) | Course learning outcomes |
---|---|---|---|
Essay 1 | No | 35 | 1,2,3 |
Problem Solving | No | 30 | 1 |
Essay 2 | No | 35 | 1,2,3 |