LAWS5503 Conflict of Laws
- 6 points
|Semester 2||UWA (Perth)||Face to face|
- This unit offers an introduction to the general principles of international and interstate conflict of laws and legal issues arising in cases containing a foreign or interstate element. It deals with the jurisdiction of Australian courts; discretion in the exercise of jurisdiction; the cross-vesting legislation; introduction to theory and method in choice of law; choice of law in contract; tort and restitution; and the recognition and enforcement of foreign and interstate judgements.
- Students are able to (1) identify when a conflict of laws problem/issue is raised in a set of facts; (2) understand the principles which an Australian court will apply to decide if it has jurisdiction, and whether it will exercise that jurisdiction, over a matter and over the parties; (3) understand the principles which an Australian court will apply to choice of law issues involving statutes, contracts and torts; and (4) understand techniques which an Australian court will (or should) adopt and apply to conflict of laws issues raised in proceedings before it.
- Typically this unit is assessed in the following ways: (1) case note; (2) assignment; and (3) examination. Further information is available in the unit outline.
Supplementary assessment is not available in this unit except in the case of a Juris Doctor student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course
- Unit Coordinator(s)
- Matthew Howard SC
- Unit rules
- for Juris Doctor students: LAWS4101 Foundations of Law and Lawyering, LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4108 Foundations of Public Law, LAWS4107 Land Law,
LAWS5106 Legal Theory and Ethics
- The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
- All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
- Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary reading', 'Recommended reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.