Details for LAW308 Private International Law

Cross-border disputes raise a hard first question: whose law, and whose court? Private International Law examines jurisdiction, judgments, choice of law and the enforcement of foreign decisions in Australia and abroad. You’ll analyse conflict-of-laws rules for contracts, torts, family, property and company matters, and evaluate anti-suit injunctions in foreign proceedings. You’ll finish able to apply private international rules to complex transnational problems.

Quick Stats

• Currently offered by Alphacrucis: Yes
• Course code: LAW308
• Credit points: 10

Subject Coordinator

Prerequisite

LAW208 Corporations Law; LAW304 Civil Procedure

Unit Content

Outcomes

1. Demonstrate knowledge of the legal issues that arise in the context of private international law and their interaction with other areas of law.
2. Apply Private International Law rules to complex problems and issues, and critique the operation of private international rules from a theoretical perspective.
3. Critically analyse the common law and statutory rules governing conflict of laws.
4. Critically analyse key international agreements and jurisdictional concepts that may apply to conflict situations.
5. Examine the implications of enforcement of foreign judgments within Australia and Australian judgements in other countries.
6. Evaluate the mechanisms and controversy regarding anti-suit injunctions with respect to foreign legal proceedings.
7. Explain how choice of law and choice of forum apply in commercial, contractual, or tort disputes.

Subject Content

1. Introduction to Private International Law: Scope, development and purpose
2. Civil jurisdiction and judgements in international litigation – Part 1
3. Civil jurisdiction and judgements in international litigation – Part 2
4. Civil jurisdiction and judgements in Australia – Part 1
5. Civil jurisdiction and judgments in Australia – Part 2
6. Applicable law method – Part 1
7. Applicable law method – Part 2
8. International Family Law
9. Applicable law for obligations
10. Applicable law for property
11. International company law
12. Subject Revision
13. Examination

This course may be offered in the following formats

Face to Face on site

Please check the timetable to see when this subject will next be offered at Alphacrucis University College.

Assessment Methods

1. Class Participation (20%)
2. Research Paper (30%)
3. Final Examination (50%)

Prescribed Text

• Reid Mortensen et al., Private International Law in Australia (5th ed., LexisNexis 2023) 
• Melbourne University Law Review Association, Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018) 

Check with your instructor before purchasing any textbooks