Conflict of Laws

The course deals with the law which a court will apply to an action which contains some "foreign" element - ie, one or more of the facts of the case occurred outside the State or Territory which is hearing the matter.

It also deals with the basis upon which a court in Australia may take jurisdiction over a defendant not resident within the jurisdiction, and the circumstances in which judgments obtained overseas, or arbitral awards given overseas, may be enforced in Australia.

Selected topics include:

• Choice of Law in Contract
• Choice of Law in Tort
• Jurisdiction in actions in contract, tort, for misleading conduct and estoppel
• Refusal to exercise jurisdiction (forum non conveniens)
• Enforcement of Foreign Judgments and arbitral awards

A candidate who successfully completes this course should have a clear understanding of the approach of the Courts to any matter raising issues of the law of contract or the law of tort where the facts are referable to more than one State or Territory of Australia, or more than one country.

In particular, a candidate will have a clear understanding of:

• the choices open to a court as to the law to be applied to a contract or tort matter, and the means by which that choice is resolved;
• the bases on which Supreme Courts determine whether they ought to hear cases commenced in that court;
• the principles on which Australian courts recognise and give effect to arbitral awards or judgments handed down in countries outside Australia

Assessment is likely to comprise an 8,000 word assignment on a topic of the student's choice (subject to the lecturer's approval). 

Students must rely on the Approved Assessment which will be posted to the course homepage on the ANU Law website, prior to the commencement of the course.

26 Contact Hours (Intensive Delivery)

Click here for the 2010 timetable

Nygh and Davies, Conflict of Laws 7 ed, 2002, Chaps 1, 2 and 3