University of Sydney Handbooks - 2020 Archive

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Bachelor of Laws Unit of Study Descriptions

Unit outlines will be available though Find a unit outline two weeks before the first day of teaching for 1000-level and 5000-level units, or one week before the first day of teaching for all other units.

Bachelor of Laws

To qualify for the award of the Bachelor of Laws, a student must successfully complete:
(i) 102 credit points of compulsory units of study; and
(ii) 42 credit points of elective units of study, of which a maximum of 36 credit points are taken from Part 1 - Elective Units of Study table; and
(iii) a minimum of 6 credit points are taken from Part 2 - Elective Units of Study table.

Compulsory units of study

Year 1
LAWS1006 Foundations of Law

Credit points: 6 Teacher/Coordinator: Associate Professor Ghena Krayem Session: Semester 1 Classes: 1x1hr lecture and 1x2hr tutorial/week Prohibitions: LAWS1000 or LAWS5000 Assessment: Class participation (10%), 1 x presentation (10%), 1 x case analysis (30%) and 1 x essay (50%). Mode of delivery: Normal (lecture/lab/tutorial) day
This unit of study provides a foundation core for the study of law. The aim is to provide a practical overview of the Australian legal system, an introduction to the skills of legal reasoning and analysis which are necessary to complete your law degree, and an opportunity for critical engagement in debate about the role of law in our lives. The course will introduce students to issues such as: (i) the development of judge made and statute law, with a particular focus on English and Australian legal history; (ii) the relationship between courts and parliament; (iii) the role and function of courts, tribunals and other forms of dispute resolution; (iv) understanding and interrogating principles of judicial reasoning and statutory interpretation; (v) the relationship between law, government and politics; (vi) what are rights in Australian law, where do they come from and where are they going; (vii) the development and relevance of international law. The course focus may be subject to change.
LAWS1012 Torts

Credit points: 6 Teacher/Coordinator: Professor David Rolph Session: Semester 2 Classes: 1x2hr lecture and 1x1hr tutorial/week from week 1 Prerequisites: LAWS1006 Prohibitions: LAWS1005 or LAWS1010 or LAWS3001 or LAWS5001 Assessment: Problem-based assignment 1500wds (30%); tutorial participation (10%) and 2hr closed book exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day
This is a general introductory unit of study concerned with liability for civil wrongs, with particular emphasis on torts protecting personal integrity, safety and freedom from personal injury. The unit seeks to examine and evaluate, through a critical and analytical study of primary and secondary materials, the function and scope of modern tort law and the rationale and utility of its governing principles. It also aims to build students' skills in problem solving and applying the law to hypothetical or real life situations. Particular topics on which the unit will focus include:
2017 Unit of Study Descriptions-updated 31/07/2017 Page 8 of 57
(a) The role and impact of tort law in modern society, in comparison with other fields of law;
(b) The role of fault as the principal basis of liability in the modern law;
(c) Historical development of the action of trespass and the action on the case and the contemporary relevance of this development;
(d) Trespass to the person (battery, assault, and false imprisonment);
(e) The modern action on the case for intentional injury;
(f) Defences to intentional torts;
(g) Development and scope of the modern tort of negligence, including detailed consideration of the principles underpinning a duty of care in a range of common situations, the determination of breach of duty and the issues of causation and scope of liability or remoteness of damage, with particular reference to personal and psychiatric injury;
(h) Compensation for personal injuries, including special and alternative compensation schemes;
(i) Defences to negligence;
(j) Vicarious liability for the torts of others and non-delegable duties;
(k) Joint and several liability for personal injury and contribution between wrongdoers;
(i) Injuries to relational interests, including compensation to relatives of victims of fatal accidents; survival of actions following death; and actions by employers for injury to employees.
LAWS1024 Legal Research

Teacher/Coordinator: Dr Rowan Nicholson Session: Semester 1a,Semester 2a Classes: 1 x lecture, 1 x seminar Prohibitions: LAWS1013 or LAWS1019 Assessment: completion of compulsory online modules, canvas quizzes (10%) and online take-home exam (90%). Mode of delivery: Normal (lecture/lab/tutorial) day
This is a compulsory unit assessed on a Pass/Fail basis. The aim of the unit is to introduce students to finding and citing primary and secondary legal materials, to legal research techniques, and to electronic databases that students will continue to use throughout the degree. This unit provides the foundation for one of the Learning Outcomes of the degree as a whole: students will learn to skilfully access, synthesise, utilise and manage information through effective legal research strategies and responsible use of appropriate resources, tools, digital and other media.
Year 2
LAWS1014 Civil and Criminal Procedure

Credit points: 6 Teacher/Coordinator: Associate Professor Tyrone Kirchengast Session: Semester 1 Classes: 1x2hr lecture and 1x2hr tutorial/week for 10 weeks Prerequisites: LAWS1006 and LAWS1012 Prohibitions: LAWS5003 or LAWS2006 Assessment: 2 x class participation (20%) and 1 x 1200wd interim assignment (20%) and 1x 2hr final open-book exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit of study aims to introduce students to civil and criminal procedure. It is concerned with the procedures relating to civil dispute resolution and criminal justice which are separate to the substantive hearing. The unit will consider the features of an adversarial system of justice and its impact on process. Recent reforms to the adversarial system of litigation will be explored. The civil dispute resolution part of the unit will cover alternative dispute resolution, the procedures for commencing a civil action, case management, gathering evidence and the rules of privilege. Criminal process will be explored by reference to police powers, bail and sentencing. The course focuses on practical examples with consideration of the applicable legislation, ethics, and contextual and theoretical perspectives.
LAWS1015 Contracts

Credit points: 6 Teacher/Coordinator: Associate Professor Yane Svetiev Session: Semester 1 Classes: 2x2hr seminars/week Prerequisites: LAWS1006 Prohibitions: LAWS1002 or LAWS2008 or LAWS5002 Assessment: Class participation (assigned) (10%); take-home assignment or research essay (option) (30%) and 2hr final exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day
Contract law provides the legal background for transactions involving the supply of goods and services and is, arguably the most significant means by which the ownership of property is transferred from one person to another. It vitally affects all members of the community and a thorough knowledge of contract law is essential for all practising lawyers. In the context of the law curriculum as a whole, Contracts provides background which is assumed knowledge in many other units. The aims of the course are composite in nature. The course examines the rules that regulate the creation, terms, performance, breach and discharge of a contract. Remedies and factors that may vitiate a contract (such as misrepresentation) are covered in Torts and Contracts II. The central aim of the course is to provide an understanding of the basic principles of contract law and how those principles are applied in practice to solve problems. Students will develop the skills of rules based reasoning and case law analysis, as well as the application of some relevant statutes. A second aim is to provide students an opportunity to critically evaluate and make normative judgments about the operation of the law. Successful completion of this unit of study is a prerequisite to the elective unit Advanced Contracts.
LAWS1016 Criminal Law

Credit points: 6 Teacher/Coordinator: Professor Arlie Loughnan Session: Semester 2 Classes: 2x2hr seminar/week for 10 weeks. Prerequisites: LAWS1006 and LAWS1014 Prohibitions: LAWS1003 or LAWS2009 or LAWS5004 Assessment: Class participation (10%), 2000wd research essay (40%) and 2hr open-book exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit of study is designed to introduce the general principles of criminal law in NSW, and to critically analyse these in their contemporary social and political context. In order to achieve this, the unit will consider a range of theoretical literature as well as critical commentary, and will focus on particular substantive legal topics in problem-centred contexts. Although the topic structure is necessarily selective, it is intended that students will gain a broad understanding of crime and justice issues, as well as of the applications of the criminal law. Students will encounter problem-based learning and will be encouraged to challenge a range of conventional wisdom concerning the operation of criminal justice. This unit of study is designed to assist students in developing: (1) A critical appreciation of certain key concepts which recur throughout the substantive criminal law. (2) knowledge of the legal rules in certain specified areas of criminal law and their application. (3) preliminary knowledge of how the criminal law operates in its broader societal context. (4) An understanding of how criminal liability is determined. The course has a critical focus and will draw on procedural, substantive, theoretical and empirical sources. The contradictions presented by the application of legal principle to complex social problems will be investigated.
Year 3
LAWS1017 Torts and Contracts II

Credit points: 6 Teacher/Coordinator: Dr John Eldridge Session: Semester 2 Classes: 1x2hr lecture and 1x1hr lecture/week for 10 weeks and 1x1hr tutorial/week for 10 weeks from week 2 Prerequisites: (LAWS1010 or LAWS1012) and LAWS1015 Prohibitions: LAWS5006 Assessment: Mid-semester 1.5 hr closed-book exam (40%), tutorial participation (10%) and final closed book exam (60%). Mode of delivery: Normal (lecture/lab/tutorial) day
This unit aims to complete the study of tort law and contract law acquired in Torts and Contracts respectively and to encourage the integrated study of the law of civil obligations and remedies. Liabilities in tort, contract and under statute frequently overlap in practice. Equitable principles also play an important role in providing remedies in a contractual context. This course will also consider liability under the Australian Consumer Law. Core topics are:
(a) Causation and remoteness of damage principles in contract law and the calculation of damages for breach of contract;
(b) Vitiating factors and other factors affecting contracts, including: unfair or unconscionable dealing; unfair terms in contracts; mistake and misrepresentation; duress; and undue influence. This topic includes a study of equitable as well as common law principles and statutory rights and remedies;
(c) Liability and remedies for misleading or deceptive conduct under statute (in particular, under s 18 of the Australian Consumer Law);
(d) Trespass to Land including damage by aircraft;
(e) Nuisance;
(f) Intentional Interference with goods;
(g) Negligence Liability for property damage and pure economic loss in tort, including liability for negligent misstatement, liability for economic loss suffered by third parties rather than the primary victim, liability for defective construction;
(h) Proportionate liability where it applies to tort, contract and statutory liabilities.
Other topics may be studied to the extent class time allows. These topics may include: the intentional economic torts such as deceit; breach of statutory duty; illegality in contract.
LAWS1019 Legal Research II

Teacher/Coordinator: Dr Rowan Nicholson Session: Semester 1,Semester 2 Classes: There are no face-to-face classes for this unit. Prerequisites: LAWS1013 Prohibitions: LAWS1008 or LAWS1022 or LAWS1024 Assessment: Satisfactory completion of online modules, online quizzes and final take-home exam Practical field work: Canvas-based skills modules Mode of delivery: Online
Note: Only students who previously completed LAWS1013 should enrol in this unit.
This is a compulsory unit taught on a pass/fail basis. It is a continuation of Legal Research I and introduces students to legislative research, researching select sources of foreign and international law, and complex research databases such as Lexis Advance (US and International), Westlaw UK and Westlaw International. The purpose of this unit is to further develop the skills students need throughout their law degree.
LAWS1021 Public Law

Credit points: 6 Teacher/Coordinator: Dr Rayner Thwaites Session: Intensive January,Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prerequisites: LAWS1006 Prohibitions: LAWS1004 or LAWS2002 or LAWS3003 or LAWS5007 Assessment: 1hr interim exam (muliple choice and short answer and/or problem questions) (30%) and 2hr final exam (problem questions) (70%) Mode of delivery: Block mode
Note: Department permission required for enrolmentin the following sessions:Intensive January
This unit of study is designed to introduce students to the principles and structures that underpin constitutional and administrative law in Australia. It is broader than either of these subjects because its focus is on generic issues of governance and accountability. The central theme of this unit is the accountability of government to the people, under the Australian constitutional system of representative and responsible government. The focus is on understanding the types of public power that exist under the Australian Constitution, identifying limits on those powers, the source/s of those limits and the legal avenues for challenging the purported exercise of those powers. We begin with an introduction to the Constitution, its history, and the structures established by it, together with consideration of how to change both State and Commonwealth Constitutions. The unit of study then moves to consider the three arms of government and related concepts. In relation to the legislature, the focus is on understanding the system of representative government. The discussion of the executive focuses on the different forms of non-statutory executive power. After addressing the source and scope of the executive power, we then move to look at different mechanisms for holding the executive to account: freedom of information; rule making accountability and integrity bodies. The consideration of judicial power focuses on the separation of judicial power and institutional integrity of the courts.
LAWS1023 Public International Law

Credit points: 6 Teacher/Coordinator: Professor Tim Stephens Session: Semester 1 Classes: 1x2hr lecture/week and 1x1-hr tutorial/week Prerequisites: LAWS1006 Prohibitions: LAWS1018 or LAWS2005 or LAWS5005 Assessment: Mid-term exam (30%) and 2hr final exam (70%). Mode of delivery: Normal (lecture/lab/tutorial) day
The compulsory unit of study is an introduction to the general problems, sources and techniques of public international law. The unit surveys the fundamental rules and principles public international law through an examination of the following topics (1) the nature, function and scope of public international law, (2) the sources of public international law, (3) the law of treaties including principles of treaty interpretation, (4) the relationship between public international law and municipal law, (5) the extent of civil and criminal state jurisdiction, (6) immunities from state jurisdiction including diplomatic privileges and immunities (7) state responsibility, including diplomatic protection, nationality of claims and exhaustion of local remedies, (8) regulation of the use of force in international relations, and (9) dispute settlement.
Dixon, McCorquodale and Williams, Cases and Materials on International Law (6th edition)
Years 4 and 5
Students in the Bachelor of Engineering Honours/Law do not undertake any law units in Year 4 and enrol in the Bachelor of Laws in Year 5, after completion of their first degree.
For all other Combined Law streams, students enrol in the Bachelor of Laws in Year 4, after completion of their first degree.
Students may substitute one compulsory unit with one elective unit in each semester of their penultimate year, deferring the compulsory unit(s) to final year. Students cannot enrol in more than two elective units in their penultimate year.
LAWS2010 Administrative Law

Credit points: 6 Teacher/Coordinator: Professor Mary Crock Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prerequisites: LAWS1021 Corequisites: LAWS2011 Prohibitions: LAWS2002 or LAWS5010 Assessment: 2000wd research essay (30%) and 2hr open book final exam (70%). Mode of delivery: Normal (lecture/lab/tutorial) evening, Normal (lecture/lab/tutorial) day
Administrative Law is the study of the relationships of individuals and organisations with government. This unit examines the legal principles which apply to those relationships with the aim of developing an understanding of how government is held accountable. The unit builds on topics studied in Public Law, including the constitutional underpinnings of administrative law, judicial review and open government. In the Administrative Law unit, the focus is on the grounds of judicial review and judicial remedies, the jurisdiction of the courts, the public/private distinction and merits review. The unit seeks to develop students' understanding of how the values of openness, rationality, fairness and participation in government decision-making are promoted through Administrative Law.
LAWS2011 Federal Constitutional Law

Credit points: 6 Teacher/Coordinator: Professor Peter Gerangelos Session: Semester 1 Classes: 2x2hr lectures/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prerequisites: LAWS1021 Prohibitions: LAWS1004 or LAWS3000 or LAWS3003 or LAWS5011 Assessment: Compulsory problem assignment (30%) and final 2 1/2hr exam (70%) (daytime stream) Mode of delivery: Normal (lecture/lab/tutorial) day
The main objective of the course is to impart an understanding of the fundamentals of federal constitutional law through the study of key judicial decisions on powers and prohibitions in the Commonwealth Constitution. In a one session course it is neither feasible nor desirable to study all aspects of federal constitutional law. The course is designed to provide a general conceptual framework for solving problems about federal constitutional law by a detailed treatment of selected topics.
The course also aims to:
- Provide analysis of the function of the High Court as the final arbiter of constitutionality.
- Develop an understanding of the techniques of judicial review as applied in Australia.
- Encourage discussion on the adequacy of the Constitution as Australia's basic instrument of government and on the scope for 'reform' by interpretation.
The topics covered in detail include: The basic principles of constitutional interpretation (in relation to which the trade and commerce power will be used to illustrate); inconsistency between Commonwealth and State laws; Commonwealth legislative power including, in addition to trade and commerce as above, external affairs, corporations, defence, tax and revenue powers, grants, excise; and prohibitions on Commonwealth legislative power such as freedom of interstate trade, the implied freedom of political communications and the principles of intergovernmental immunity.
PA Gerangelos et al, Winterton's Australian Federal Constitutional Law, (4th ed 2017)
LAWS2012 Intro to Property and Commercial Law

Credit points: 6 Teacher/Coordinator: Dr Scott Grattan Session: Semester 1 Classes: 2x2-hr lectures/week (for 5 weeks) and 1x2-hr lecture and 1x2-hr tutorial/week (for 5 weeks) (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prerequisites: LAWS1006 Prohibitions: LAWS2004 or LAWS2007 or LAWS5008 Assessment: 1hr mid-term open-book exam (30%) and 2hr final open-book exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Property law and commercial law are two key sources of rights and obligations in modern western law. This unit provides an introduction to both areas of law, and shows how they are inter-related. The unit is designed to offer an opportunity to consider the role they play in Australian society and to give a firm grounding in legal principle.
The unit focuses on notions of "property", providing an introduction to real property (including the doctrine of tenure and estates, native title and the doctrine of fixtures) and to personal property (including ownership and possessory interests arising in the context of commercial transactions such as sales and bailments as well as security interests under the Personal Property Securities Act 2009 (Cth)). The unit analyses the nature and classification of legal and equitable interests in both real and personal property, exploring the principles and formalities governing their creation, assignment and priority-ranking. Additionally, the unit enables the development of skills in interpreting statutes and in problem-solving.
Introduction to Property and Commercial Law compiled by Scott Grattan and Sheelagh McCracken, Thomson Reuters Australia, 2nd edition.
LAWS2013 The Legal Profession

Credit points: 6 Teacher/Coordinator: Professor Simon Rice Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prohibitions: LAWS1001 or LAWS3002 or LAWS3004 or LAWS5009 Assessment: Plea activity and reflection 1000wd (20%); group project 2000wd (30%); final 2500wd take-home problem assignment (40% or 50%); optional class participation (10%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
The Legal Profession Unit of Study is a mandatory `Priestley 11' subject. We critically examine issues relevant to lawyers' role in society: professionalism, lawyers' conduct, lawyers' ethical obligations and choices, and the regulation of legal services. We examine the nature of legal professionalism and its inherent relationship with ethics, values and morals, as well as its relationship with commerce. We explore the shifting profile of the profession, the response of the profession to these demographic changes, and the major cultural and economic forces that operate on legal professionalism and regulation of the profession. From that base we analyse access to justice issues, different notions of lawyering, the structure of the legal profession, and diverse theoretical views and models of regulation. We move on to consider the lawyer-client relationship and strategies to facilitate equality and effective communication in the delivery of legal services. Finally, we examine lawyers' duties to clients and the Court, and the ways in which the rules and principles of confidentiality and conflicts of interest affect the advice and representation lawyers provide for clients. This unit of study requires your active participation in class discussion, and your critical reflection on the issues raised throughout the semester.
LAWS2014 Corporations Law

Credit points: 6 Teacher/Coordinator: Professor Jason Harris Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prohibitions: LAWS2003 or LAWS5014 Assessment: Class participation (15% including two class discussion and general participation); choice of 2000wd research essay or modified closed book mid-semester test (25%) and modified closed book 2hr final exam (60%). Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Students who enrol in the evening stream should consult and be guided by the unit description for LAWS5014 as the evening stream will follow precisely the course outline and structure, including assessment regime, of that unit. The present description applies only to students enrolled in the daytime stream of LAWS2014.
This unit of study considers the legal structure of the corporation as an organisational form for both public and proprietary companies. It is designed as an introduction to both the general law of corporations and the Australian regulatory context. The focus of this unit is on the nature of the corporation and its governance structure. The unit covers issues such as the implications of the company as a separate legal entity, power to bind the company, duties of directors, and shareholders rights and remedies. Students will be required to evaluate critically existing corporate law and reform proposals, with particular reference to legislative policy and underpinning theory.
LAWS2015 Equity

Credit points: 6 Teacher/Coordinator: Professor Matthew Conaglen Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prohibitions: LAWS2004 or LAWS5015 Assumed knowledge: LAWS2012 Assessment: Optional interim exam (20%) and 2 1/2 hr final closed book exam (80% or 100%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
An appreciation of equitable principles and remedies is fundamental to understanding the legal system and the law of property, taxation and obligations. This unit of study explains the origins of the equitable jurisdiction and examines its role today. A substantial part of the unit is dedicated to study of the law of trusts, including remedial constructive trusts. Other topics include fiduciary obligations, breach of confidence, the doctrines of estoppel, and a study of the equitable remedies of the injunction, an account of profits and equitable compensation.
LAWS2016 Evidence

Credit points: 6 Teacher/Coordinator: Professor David Hamer Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prerequisites: LAWS1006 and LAWS1014 Prohibitions: LAWS2006 or LAWS5013 Assessment: Optional mid-term exam or 2000wd essay (20%) and final exam (80% or 100%). Mode of delivery: Normal (lecture/lab/tutorial) day
This unit of study aims to teach students the laws of evidence. The focus of this unit is on the operation of the laws of evidence in civil and criminal trials. The unit considers the laws of evidence contained in statute and the common law. Students will appreciate the significant law reform in this area. The unit considers the rules for adducing evidence, then the rules of admissibility (relevance, hearsay, opinion, tendency and coincidence, credibility, character, privilege and the discretions to exclude evidence). Finally, there will be consideration of issues relating to proof. This unit will focus on the uniform Evidence Acts 1995 and develop students' skills in the area of statutory interpretation. Further, the unit aims to introduce students to the contexts within which lawyers might encounter evidential issues in the course of a trial. Consideration is also given to the ethical problems that may arise in the conduct of a trial. Students are encouraged to think critically about the doctrines that govern the laws of evidence.
LAWS2017 Real Property

Credit points: 6 Teacher/Coordinator: Associate Professor Nicole Graham Session: Semester 2 Classes: 2x2hr lectures/wk for 5 weeks, and 1x2hr lectuer and 1x2hr tutorial/wk for 5 weeks Prerequisites: LAWS2012 Prohibitions: LAWS2007 or LAWS5012 Assessment: Compulsory 1hr interim exam (30%) and final 2hr open-book exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Land law (or the law of "real property") has always played an important role in the economic, social and political life of Australia. Australian real property law draws much of its principle from English real property law; but over the last 100 years in particular, Australian real property law has begun to develop its own unique character. This is particularly evident in two key aspects of modern Australian law: the Torrens system of land registration (which forms a large part of this unit of study) and the developing law of indigenous title to land (which is studied in Introduction to Property and Commercial Law, but which may surface occasionally in parts of this unit also).
This unit considers in particular the following topics: priorities between competing interests in land (building on material from the introductory unit, Introduction to Property and Commercial Law); the Torrens system of land registration; co-ownership of land (joint tenancies and tenancies in common); easements; covenants; leases and licences; mortgages.
The unit, inter alia, aims to develop problem solving skills and skills in interpreting complex statutory provisions in the Real Property Act 1900 (NSW) and the Conveyancing Act 1919 (NSW)
Years 5 and 6
LAWS2018 Private International Law A

Credit points: 6 Teacher/Coordinator: Professor Vivienne Bath (semester 1), Mr Ross Anderson (semester 2) Session: Semester 1,Semester 2 Classes: 2x2-hr seminars/wk for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prohibitions: LAWS2005 or LAWS1018 or LAWS5017 Assessment: 2000wd optional assignment (20%) and 2hr final closed-book exam (80% or 100%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Private international law (or conflict of laws) is the part of municipal law in every developed legal system which is concerned with legal issues which have a connection with a foreign legal system. In essence, private international law is concerned with the transnational dimension of private law as where, for example, proceedings are brought in New South Wales for a tort committed in Malaysia, or for breach of a contract to be performed in New York or against a defendant in the People's Republic of China.
This unit of study is a comprehensive general course which addresses the three persistent issues in private international law: jurisdiction; choice of law and the recognition and enforcement of foreign judgments. Particular topics include: (1) Scope of private international law (the concept of legal issues which have a connection with more than one legal system); (2) Personal jurisdiction (including the discretionary non-exercise of jurisdiction and anti-suit injunctions); (3) Substance and procedure (with particular reference to limitation of actions and damages); (4) Proof of foreign law; (5) Exclusionary doctrines (foreign revenue and penal laws, foreign governmental interests and foreign laws contrary to forum public policy); (6) Choice of law in contract; (7) Choice of law in tort; (8) Comparative choice of law in tort (with particular reference to the European Union, Canada and the United States of America); and (9) Recognition and enforcement of foreign judgments.