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Cross-Border Litigation (LAWS50050)

Graduate coursework level 5Points: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
Semester 2
FeesLook 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: 10 November 2023

Eligibility and requirements

Prerequisites

All of

Code Name Teaching period Credit Points
LAWS50024 Principles of Public Law
Semester 1 (On Campus - Parkville)
 12.5
LAWS50025 Torts
Semester 1 (On Campus - Parkville)
 12.5
LAWS50026 Obligations
Semester 1 (On Campus - Parkville)
 12.5
LAWS50029 Contracts
Semester 2 (On Campus - Parkville)
 12.5
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: 10 November 2023

Assessment

DescriptionTimingPercentage

Option 1, Part 1: 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)

  • 0 hours
Throughout the teaching period40%

Option 1, Part 2: Take-home examination (4hrs)

  • 4 hours
During the examination period60%

Option 2: Take-home examination (6hrs)

  • 6 hours
During the examination period100%

Additional details

The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.

Last updated: 10 November 2023

Quotas apply to this subject

Dates & times

  • Semester 2
    CoordinatorRichard Garnett
    Mode of deliveryOn Campus (Parkville)
    Contact hours
    Total time commitment144 hours
    Pre teaching requirementsPlease 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 period22 July 2024 to 20 October 2024
    Last self-enrol date 2 August 2024
    Census date 2 September 2024
    Last date to withdraw without fail20 September 2024
    Assessment period ends15 November 2024

Time commitment details

144 hours

What do these dates mean

Visit this webpage to find out about these key dates, including how they impact on:

  • Your tuition fees, academic transcript and statements.
  • And for Commonwealth Supported students, your:
    - Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
    - Completion rate. Students who started their course from 2022 and are in a CSP or receiving a HELP Loan (eg FEE-HELP) must meet the completion rate to continue to receive Commonwealth Support for that course.

Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement, and as a fail toward the completion rate, unless there are approved ‘special circumstances’.

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: 10 November 2023

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:

    TypeName
    CourseJuris 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: 10 November 2023