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With the explosion in international commercial transactions in the past decades there has also come a significant increase in cross-border disputes before Australian and other national courts. The aim of this subject is to examine the key principles governing cross-border litigation in Australia, focusing on the questions of jurisdiction, applicable law and the recognition of foreign judgments. The subject is designed for both practitioners and scholars and will be taught by Professor Richard Garnett, a leading expert on conflict of laws in Australia who regularly advises on cross-border disputes, and Dr Albert Dinelli of the Victorian Bar, who completed his Oxford doctorate in the field.
This subject will examine, from an advanced and specialist point of view, litigation of cross-border disputes in a commercial setting. It will consider the key doctrinal principles in the area as well as problems commonly encountered in commercial practice.
Principal topics include:
- Whether a Victorian/Australian court has jurisdiction to consider a matter
- Whether a Victorian/Australian court will decline jurisdiction in a matter by staying its proceedings or whether it may restrain proceedings in a foreign court
- Which law should govern the substantive issues (in the areas of tort, contract and equitable obligations)
- The effect of foreign judgments and orders in Victoria/Australia.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have acquired expert knowledge in identifying when a particular commercial scenario involves a foreign element which raises private international law issues, and what those issues are
- Have gained a strong capacity to advise on how those issues would be approached by an Australian court
- Have an advanced and high level awareness of the theoretical and policy justifications for the private international law rules that would be applied in such a situation and the commercial ramifications of such
- Have a mastery of the rules that govern the recognition and enforcement of foreign judgments in Australia
- Have a sophisticated understanding of the current state of the law relating to private international law in commercial cases
- Have an advanced ability to apply the principles learnt to specific case situations and engage in oral and written expression and argument.
Last updated: 11 February 2021