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Unit outline_

LAWS2018: Private International Law A

Semester 1, 2023 [Normal day] - Camperdown/Darlington, Sydney

Private international law (or conflict of laws) is the part of municipal law in every developed legal system which is concerned with legal issues which have a connection with a foreign legal system. In essence, private international law is concerned with the transnational dimension of private law as where, for example, proceedings are brought in New South Wales for a tort committed in Malaysia, or for breach of a contract to be performed in New York or against a defendant in the People's Republic of China. This unit of study is a comprehensive general course which addresses the three persistent issues in private international law: jurisdiction; choice of law and the recognition and enforcement of foreign judgments. Particular topics include: (1) Scope of private international law (the concept of legal issues which have a connection with more than one legal system); (2) Personal jurisdiction (including the discretionary non-exercise of jurisdiction and anti-suit injunctions); (3) Substance and procedure (with particular reference to limitation of actions and damages); (4) Proof of foreign law; (5) Exclusionary doctrines (foreign revenue and penal laws, foreign governmental interests and foreign laws contrary to forum public policy); (6) Choice of law in contract; (7) Choice of law in tort; (8) Recognition and enforcement of foreign judgments; and (9) Comparative aspects of private international law.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
LAWS5017
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Simon Butt, simon.butt@sydney.edu.au
Lecturer(s) Simon Butt, simon.butt@sydney.edu.au
Tamer Morris, tamer.morris@sydney.edu.au
Vivienne Bath, vivienne.bath@sydney.edu.au
Type Description Weight Due Length
Supervised exam
? 
Final Exam
Supervised examination, held during examination period.
60% Formal exam period 2.5 hours
Outcomes assessed: LO1 LO2
Supervised test
? 
In-semester test
Supervised, pen and paper test. 80 minutes plus 30 mins reading time.
40% Week 08
Due date: 18 Apr 2023 at 10:00
80 minutes
Outcomes assessed: LO1 LO2

Assessment summary

In-semester test (On-campus supervised) (40%): The test will be 80 minutes long (plus 30 minutes reading time) and held on 18 April 2023, commencing at 10am (Sydney, Australia time). It is an open book, pen-and-paper test.  The outcome of a successful Special Consideration application may include an alternative task such as a viva voce examination. at the discretion of the Unit Coordinator.

Final exam (On-campus supervised) (60%): The final exam is open book and will assess the material covered in all topics. It will comprise two problem questions. The final exam will be 2.5 hours (plus 30 minutes reading time) to be held during formal exam period. It will be conducted as a pen-and-paper exam. The outcome of a successful Special Consideration application may include an alternative task such as a viva voce examination. at the discretion of the Unit Coordinator.

Assessment requirement to pass a unit of study 
A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study. 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

Late penalties do not apply to supervised tests and exams.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Week 01 1. Introduction to private international law; 2. Personal jurisdiction: at common law, service in Australia, service in New Zealand Seminar (4 hr) LO1 LO2
Week 02 1. Personal jurisdiction: service outside Australia; 2. Discretionary non-exercise of jurisdiction: foreign jurisdiction clauses Seminar (4 hr) LO1 LO2
Week 03 Discretionary non-exercise of jurisdiction: forum non conveniens, intra-Australian and New Zealand cases Seminar (4 hr) LO1 LO2
Week 04 1. Anti-suit injunctions; 2. In class revision exercise Seminar (4 hr) LO1 LO2
Week 05 1. General applicable law topics: introduction choice of law in Australia; characterisation Seminar (4 hr) LO1 LO2
Week 06 1. Substance and procedure; 2. Foreign law Seminar (4 hr) LO1 LO2
Week 07 1. The law applicable to torts; 2. The law applicable to contracts Seminar (4 hr) LO1 LO2
Week 10 1. The law applicable to contracts; 2. Mandatory rules and the law of the forum Seminar (4 hr) LO1 LO2
Week 11 Recognition and enforcement of foreign judgments Seminar (4 hr) LO1 LO2
Week 12 1. Recognition and enforcement of foreign judgments; 2. Revision Seminar (4 hr) LO1 LO2

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study.  Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376.

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

A detailed reading list will be available on the Canvas site. Readings will be available electronically, accessibile via Canvas or the library. 

In the reading list,* (asterisk) indicates cases and other materials that students will be expected to read.

Recommended textbook:

R Mortensen, R Garnett and M Keyes, Private International Law in Australia, 5th ed, LexisNexis, 2023 (“Mortensen”) [340.9 161 B]

OR

M Davies, A S Bell, P Brereton and M. Douglas, Nygh’s Conflict of Laws in Australia, 10th ed, LexisNexis Butterworths, 2020 (“Nygh”) [342.94042 3G]

Several copies of both Mortensen and Nygh are available in the reference library.  It is strongly recommended that students purchase at least one of these books. Nygh is available electronically, but only a limited number of simultaneous users can access it.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. Identify the problems, methods and techniques of private international law, which is the area of law that concerns itself with legal questions that have cross-border or transnational dimensions.
  • LO2. Identify, analyse and apply relevant rules to Australian private international law situations with a focus on civil and commercial aspects and their relationships with legal systems outside of Australia.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

Students will sit an in-semester exam instead of a submitted work.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.