LLAW3236 Conflict of Laws

2016

4.5

1 x 2-hour seminar weekly

1 Admission into BLAWLP-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1c Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1d Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1e Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
2 18 units of second year LLAW topics
3 LLAW2212 - The Constitution and the Australian Federation [International / Comparative I]
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e) and 2 and 3)

LLAW3054 has been successfully completed

This topic examines private international law methods and will deal with those instances in which a system of law other than that of South Australia intrudes in matters that may come before the South Australian courts. This foreign element may be international or, in a federation like Australia, interstate. In either case, one or more of three major issues will arise. This topic will review the legal rules applicable to each issue, namely, when the South Australian courts have and will accept jurisdiction to entertain the matter; which system's legal rules should be used to resolve the matter; and when and to what extent the judgements of the courts of another jurisdiction should be recognised and enforced in South Australia.

The topic aims to:

• make students aware of and allow them to appreciate the consequences for the Australian civil legal system (as related especially to the conduct of transactions, the regulation of human behaviour and the resolution of disputes) of, on the one hand, federalism and, on the other hand, globalisation and transnational movement and activity
• convey to students awareness, understanding of and the facility to work competently with the methods and the rules governing jurisdiction, choice of law and recognition and enforcement of foreign judgments that make up the area of Australian law known as conflict of laws or private international law
• introduce students to the fundamental theories that underpin and the policies that inform conflict of laws as a field of legal study
• encourage students to develop further their skills in legal research, writing and analysis

Upon successful completion of the topic, student will be able to demonstrate the capacity to:

• recognise and correctly identify conflict of laws issues when they exist within a factual scenario
• use accepted forms of legal reasoning and analysis to articulate in persuasive fashion reasoned solutions to issues arising from such scenarios
• explain and critique how various theoretical and policy frameworks are used by courts, lawyers and scholars in seeking to resolve conflict of laws issues when they arise
• find and effectively use the sources of law and the products of legal research and scholarship