LAWS5503 Conflict of Laws
- 6 points
|Not available in 2020||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.
- Indicative assessments in this unit are as follows: (1) case note; (2) assignment; and (3) exam. 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
- Juris Doctor (JD) students: LAWS4101 Foundations of Law and Lawyering and 30 points from: LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4107 Land Law, LAWS4108 Foundations of Public Law, LAWS5106 Legal Theory and Ethics or LAWS4109 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.
- Unit readings, including any essential textbooks, are listed in the unit outline for each unit one week prior the commencement of study. The unit outline will be available via the LMS and the UWA Handbook. Reading lists and essential textbooks are subject to change each semester. Essential textbooks can be purchased from the commercial vendors to secure the best deal. The Student Guild can provide assistance on where to purchase books if required. Books can be purchased second hand at the Guild Secondhand bookshop (second floor, Guild Village), which is located on campus. Copies of textbooks and other readings will be made available for students to access from the Library, online wherever possible as well as in print.