Course overview
This course will review the legal rules applicable to legal situations when the South Australian courts have and will accept jurisdiction to resolve a dispute that contains an element external to South Australia. It will deal with the law applicable to international contracts, international torts, family matters and international insolvency. It will examine the recognition of foreign law in Australia as well as the recognition of Australian law overseas, in particular of law which purports to apply extraterritoriality. The jurisdiction of Australian courts over defendants resident in other countries and the mutual recognition of jurisdiction over Australian defendants by foreign courts will be studied.
Course learning outcomes
- Analyse the foundational principles of private international law, undertake (self-directed) legal research, and evaluate legal information
- Apply private international law rules to complex problems and issues, critique the operation of private international rules from a theoretical perspective
- Structure and sustain concise and cohesive written arguments for a legal and professional audience
- Conduct legal research and analysis both independently and cooperatively in an academic environment
- Analyse the impact of private international law from comparative and international perspectives, and in the context of social and cultural diversity
- Reflect on their abilities to effectively undertake accepted forms of legal reasoning and analysis to articulate in persuasive fashion reasoned solutions to issues arising from such scenarios