Course overview
- Study period
- Semester 2, 2024 (22/07/2024 - 18/11/2024)
- Study level
- Undergraduate
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
The legal system of a State reflects its society's values. As a result, national laws and the structure of domestic judicial systems vary considerably. In an increasingly global and interconnected world legal situations or events arise that bring these different national systems into contact and conflict. This could be commercial transactions between entities in different States, marriage and other family law issues between nationals of different States, or torts in one State affecting nationals in other States. When such conflicts, or differences, arise in an Australian context, national laws and procedures need to be in place to resolve them. This course addresses such a conflict of laws in Australia in three parts: first, which State ought to have jurisdiction to adjudicate the dispute; second, which State's laws ought to apply to the dispute; and third, how a judgement from a court in one State might be recognised and enforced in another State.
This course deals with the legal problems that arise when a legal system other than that of Australia (or of the States or Territories of Australia) needs to be taken into account in addressing a legal dispute (and possible litigation) in Australia (or in one of the States or Territories of Australia). This course addresses the three parts to a conflict of laws problem: jurisdiction, choice of law and recognition of judgments. Following a detailed consideration of these three general parts of conflict of laws they are reconsidered, by way of example, in the context of torts and contracts. The aim in offering this course is to provide students with a thorough grounding in the principles and rules of conflict of laws that can be applied to any legal problem involving a “foreign” element.
Course requirements
Prerequisites
You'll need to complete the following courses before enrolling in this one:
(LAWS1700 + 1701 + 1702 + 2702 + 2703 + ((2704 + 2705) or 2709) + 2706 + 2707); or (LAWS1113 + 1114 + 2111 + 2112 + 3111 + 3112 + 3113 + 3114 + 4112)
Incompatible
You can't enrol in this course if you've already completed the following:
LAWS7153
Restrictions
LLB(Hons)(#64), LLB(Hons)(#48), LLB (Graduate Entry), LLB(Hons) duals and LLB dual programs.
Course contact
Course coordinator
Professor Craig Forrest
+61 7 3346 9027
c.forrest@law.uq.edu.au
Course staff
Lecturer
Professor Craig Forrest
+61 7 3346 9027
c.forrest@law.uq.edu.au
Timetable
The timetable for this course is available on the UQ Public Timetable.
Aims and outcomes
Teaching Mission Statement
The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
The aims of this course are to:
- introduce the general principles of private international law, with a particular focus on Australian principles of private international lawﾠas informed by the experience of other countries;
- enable students to develop a detailed knowledge of the rules of jurisdiction and the enforcement of judgments, choice of law method, and choice of law principles in selected areas of the law; and
- allow students to develop a critical understanding of the methods that private international lawﾠuses to resolve cross-border litigation.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
identify, restate and accurately explain in writing the general principles and rules of private international law, and the choice of law principles and rules relevant to the law of obligations; and
LO2.
resolve or provide legitimate solutions to problems that give rise to issues that attract the operation of the general principles and rules of private international law, and the choice of law principles and rules relevant to the law of obligations.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Essay/ Critique | Reflections on conflict of laws
| 40% | 14/10/2024 2:00 pm |
| Examination | Examination
| 60% | End of Semester Exam Period 2/11/2024 - 16/11/2024 |
Assessment details
Reflections on conflict of laws
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 40%
- Due date
14/10/2024 2:00 pm
- Learning outcomes
- L01
Task description
The first assessment item requires students to write an essay reflecting on choice-of-law theory and the choice of law process.
The assessment will be released on 20 September at 2:00pm.
Word Length: 2,000 words excluding footnotes.
Footnotes should contain ONLY citations to sources. You must use the Australian Guide for Legal Citations 4th edition for your footnotes.
Students must not collaborate nor discuss the assessment with others, including by sharing notes with or showing drafts to other candidates.
This task has been designed to be challenging, authentic and complex.Whilst students may use AI technologies, successful completion of assessment in this course will require students to critically engage in specific contexts and tasks for which artificial intelligence will provide only limited support and guidance.
A failure to reference generative AI use may constitute student misconduct under the Student Code of Conduct.
To pass this assessment, students will be required to demonstrate detailed comprehension of their written submission independent of AI tools.
Submission guidelines
Assignments must be submitted electronically via the online assessment submission link on the course Blackboard site.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circ*mstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circ*mstances. Please refer to theApplying for an extensionpage on my.UQ for further details on acceptable reasons for an extension and for instructions onhow to apply.Additional information on extensions can be found within theAssessment Procedure .
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circ*mstances) shall be madeby the due date and time for the assessment.Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in theStudent Grievance Resolution Procedureto accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item.For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
Examination
- In-person
- Mode
- Written
- Category
- Examination
- Weight
- 60%
- Due date
End of Semester Exam Period
2/11/2024 - 16/11/2024
- Learning outcomes
- L01, L02
Task description
The final Assessment will be a written open book centrally controlled examination.
This assessment task is to be completed in-person. The use of generative Artificial Intelligence (AI) tools will not be permitted. Any attempted use of Generative AI may constitute student misconduct under the Student Code of Conduct.
Exam details
| Planning time | 10 minutes |
|---|---|
| Duration | 120 minutes |
| Calculator options | No calculators permitted |
| Open/closed book | Open Book examination |
| Exam platform | Paper based |
| Invigilation | Invigilated in person |
Submission guidelines
Deferral or extension
You may be able to defer this exam.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 | Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 | Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 | Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 | Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 | Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 | Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 | Demonstrated evidence of exceptional achievement of course learning outcomes. |
Supplementary assessment
Supplementary assessment is available for this course.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Library resources are available on the UQ Library website.
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
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| Learning period | Activity type | Topic |
|---|---|---|
Multiple weeks From Week 1 To Week 13 | Seminar | Seminars Seminars will cover the following topics
Full details will be provided in the Course Learning Guide available on the Course Blackboard site. Learning outcomes: L01, L02 |
Policies and guidelines
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments - Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course:
- Law School Announcements and Policies
