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This subject will examine, from an advanced and specialist point of view, the rules applicable to the court determination of cross-border disputes in Australia, in particular the issues of civil jurisdiction (including both the existence and discretionary exercise of jurisdiction), applicable law (focusing on the areas of tort and contract) and the recognition and enforcement of foreign judgments. The subject will examine both transnational and intra-federal disputes. This subject aims at equipping students with an expert knowledge of the major topics within the field as well as integrating new skills in international and comparative analysis.
Intended learning outcomes
Students who successfully complete this subject will have:
- A high level of awareness of the kinds of legal problems that can arise from cross-border transactions;
- A mastery of the principal mechanisms that parties use to resolve or reduce those problems;
- Acquired an expert knowledge of the law of jurisdiction, applicable law and the recognition and enforcement of foreign judgments; and
- A sophisticated understanding of strategic decision making in cross-border litigation.
On completion of the subject students should have developed and demonstrated their skills as follows:
- Advanced cognitive skills to solve problems by practical application of often complex legal principles;
- High-level cognitive and technical skills to interpret, analyse and draft effective jurisdiction and choice of law clauses in international and intra-federal contracts;
- A strong conceptual understanding of the differences between international and intra-federal disputes including relevant constitutional considerations;
- Cognitive and technical skills to establish mastery in using comparative legal materials;
- Creative and technical skills to understand and critically reflect upon strategies in cross-border litigation and a demonstrated ability to provide sophisticated and informed advice to individual, commercial and government clients on such strategies; and
- Independent communication and technical research skills as demonstrated in oral advocacy and written submissions for the moot court segment.
Last updated: 6 December 2019