UWA Handbook 2017

Unit details

LAWS5503 Conflict of Laws

Credit 6 points
(see Timetable)
Semester 1UWA (Perth)Face to face
Content 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.
Outcomes 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.
Assessment Students demonstrate achievement of the outcomes in a variety of assessment methods including an essay and examination. Details of assessment are advised in the unit outline.

Supplementary assessment is not available in this unit.
Unit Coordinator(s) Matthew Howard
Unit Outlinehttp://www.unitoutlines.law.uwa.edu.au/Units/LAWS5503/SEM-1/2017

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