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LS360 Conflict of Laws

Updated: 19 December 2007
Credit Points 6
Offering Not offered in 2008
Online level Level D - Comp/internet essential
Intensive School(s)
Start Finish Attendance Notes
N/A N/A Optional
Supervised Exam November
Pre-requisites LS 172 or 372
Co-requisites None
Restrictions LS 260
Notes None
Combined Units None
Coordinator(s) N/A
Unit Description

Conflict of Laws is the body of law applied by Australian courts to assist in the resolution of disputes containing 'foreign elements'. Foreign elements are present where this some contact or interaction with a foreign legal system. As a result of globalisation of businesses and the increasing mobility of people worldwide, this area of law continues to increase in significance.

The unit focuses on the three principal issues that Conflict of Laws both in Australia and worldwide seeks to resolve: Jurisdiction - Does a court have jurisdiction over a 'foreign' defendant?; Choice of law - What substantive law will a court apply to resolve a dispute involving a 'foreign element'?

Foreign judgments - If a foreign court has delivered a judgment in relation to a dispute between two parties, when and in which circumstances will an Australian court recognise or enforce the judgment of that foreign court?

Prescribed Material
Mandatory
Text information will be published prior to commencement of the teaching period.
Recommended Material
Optional
Text information will be published prior to commencement of the teaching period.
Disclaimer Offer of some subjects is subject to viability. Information in these unit descriptions is subject to change prior to commencement of semester.
   

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