Conflict of Laws (LAWS5153)
Information valid for Semester 2, 2024
Course level
Undergraduate
Faculty
School
Law School
Units
2
Duration
One Semester
Attendance mode
In Person
Class hours
Lecture 2 Hours/ Week
Tutorial 1 Hour/ Week
Incompatible
LAWS7153
Prerequisite
(LAWS1700 + 1701 + 1702 + 2702 + 2703 + ((2704 + 2705) or 2709) + 2706 + 2707); or (LAWS1113 + 1114 + 2111 + 2112 + 3111 + 3112 + 3113 + 3114 + 4112)
Restricted
LLB(Hons)(#64), LLB(Hons)(#48), LLB (Graduate Entry), LLB(Hons) duals and LLB dual programs.
Course enquiries
Professor Craig Forrest ()
Course description
The legal system of a State reflects its society's values. As a result, national laws and the structure of domestic judicial systems vary considerably. In an increasingly global and interconnected world legal situations or events arise that bring these different national systems into contact and conflict. This could be commercial transactions between entities in different States, marriage and other family law issues between nationals of different States, or torts in one State affecting nationals in other States. When such conflicts, or differences, arise in an Australian context, national laws and procedures need to be in place to resolve them. This course addresses such a conflict of laws in Australia in three parts: first, which State ought to have jurisdiction to adjudicate the dispute; second, which State's laws ought to apply to the dispute; and third, how a judgement from a court in one State might be recognised and enforced in another State.