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Cross-Border Litigation (LAWS50050)
Graduate coursework level 5Points: 12.5Not available in 2020
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
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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.
Generic skills
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: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of all the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning |
Summer Term (On Campus - Parkville)
April (On Campus - Parkville)
|
12.5 |
LAWS50024 | Principles of Public Law |
Semester 1 (On Campus - Parkville)
June (On Campus - Parkville)
|
12.5 |
LAWS50025 | Torts |
November (On Campus - Parkville)
Semester 1 (On Campus - Parkville)
|
12.5 |
LAWS50026 | Obligations |
May (On Campus - Parkville)
Semester 1 (On Campus - Parkville)
|
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50031 | Legal Theory |
November (On Campus - Parkville)
Semester 2 (On Campus - Parkville)
|
12.5 |
and successful completion of one of the following:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50027 | Dispute Resolution | Not available in 2024 |
12.5 |
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS90140 | Disputes and Ethics | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
Description | Timing | Percentage |
---|---|---|
A moot court on a topic set by the subject co-ordinator. The moots shall be prepared in groups of two persons per 'side' with each side receiving a mark for their combined written argument (20 points) and each individual mooter receiving a mark for his or her oral advocacy (20 points) | 40% | |
A day long examination
| 60% |
Additional details
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
Not available in 2020
Time commitment details
144 hours
Additional delivery details
This subject has an enrolment quota of 60 students. Your subject enrolment will not be confirmed until the selection process has been run. Selection is conducted on a random basis with outcomes communicated to students shortly after re-enrolment closes. Please refer to the Melbourne Law School website for more information on the JD Quota Elective selection process.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- Mortensen, Garnett, and Keyes, Private International Law in Australia (most recent edition);
-
Specialist printed materials will also be made available from the Melbourne Law School.
Recommended texts and other resources
- Nygh's Conflict of Laws in Australia (most recent edition);
- Cheshire and North's Private International Law by Fawcett and Carruthers (most recent edition).
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022