Conflict of Laws

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This unit of study aims to give students an understanding of the methods by which all conflict disputes are resolved as well as an appreciation of the impact of the federal nature of our Constitution on the resolution of these disputes. Topics covered: Courts in one jurisdiction sometimes have to deal with cases involving a foreign law element, which arises from the law of another Australian State or Territory or that of another country. Conflict of Laws or Private International Law, as it is sometimes called, Examines the principles (including the constitutional principles) in relation to four main issues: the court's jurisdiction over the parties; the choice of law; the recognition and enforcement of foreign judgments (including those of other Australian courts); and the resolution of conflicts between different national laws. The law in relation to choice of law decisions is studied in the context of specific areas of law (eg. contracts, torts, property, succession and matrimonial causes).

Prerequisites

Nil

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