Handbook home
Cross-Border Litigation (LAWS50050)
Graduate coursework level 5Points: 12.5Dual-Delivery (Parkville)
Please refer to the return to campus page for more information on these delivery modes and students who can enrol in each mode based on their location.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Overview
Availability(Quotas apply) | Semester 2 - Dual-Delivery |
---|---|
Fees | Look up fees |
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
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50025 | Torts | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
LAWS50031 | Legal Theory |
Semester 2 (Dual-Delivery - Parkville)
November (Dual-Delivery - Parkville)
|
12.5 |
AND
One of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50027 | Dispute Resolution | Not available in 2024 |
12.5 |
LAWS90140 | Disputes and Ethics | Semester 2 (Dual-Delivery - 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
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
- Semester 2
Coordinator Richard Garnett Mode of delivery Dual-Delivery (Parkville) Contact hours Total time commitment 144 hours Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 26 July 2021 to 24 October 2021 Last self-enrol date 6 August 2021 Census date 31 August 2021 Last date to withdraw without fail 24 September 2021 Assessment period ends 19 November 2021
Time commitment details
144 hours
Additional delivery details
This subject has an enrolment quota of 60 students.
All timely JD elective nominations are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- Specialist materials will be made available via the LMS;
- Mortensen, Garnett, and Keyes, Private International Law in Australia (most recent edition)
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