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Conflict of laws, or private international law, is the part of private law concerned with legal questions which contain a foreign element. A legal question will contain a foreign element where a relevant fact or party has a connection with a foreign country. For example, conflict of laws issues will arise if proceedings are contemplated in New South Wales in respect of a tort committed in Singapore or against a Japanese defendant.
This course is an introduction to the sources and techniques of conflict of laws, with particular reference to legal questions connected with countries outside Australia. Although reference will be made in the course to issues of federal or intranational conflict of laws (conflict of laws issues arising between the states and territories of Australia), detailed knowledge of this topic, such as the scope and operation of the Service and Execution of Process Act 1992 (Com), the concept of federal jurisdiction and the full faith and credit section (s 118) of the Commonwealth Constitution, will not be required for examination purposes.
The course objective is to develop an understanding of the transnational dimension of private law and an appreciation of the fact that many legal questions which arise in everyday life are not confined within one legal system. This objective will be attained through a study of the decided cases, legislation and academic literature referred to in section VI below.
The purpose of this course, which is conducted by the Law Extension Committee of The University of Sydney, is to assist your preparation for the examination in Conflict of Laws which is conducted by the Legal Profession Admission Board, a body external to the University.
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