LLH481 Private International Law
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | LLH481 |
|---|---|
| Prerequisite(s): | LLH302. LLH302 can be studied in the same teaching period as LLH481. |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
| CSP student contribution | $2,040 |
| Pre-2021 CSP student contribution | $1,597 The pre-2021 commonwealth supported place (CSP) contribution amount only applies to students enrolled in a course prior to 2021. To learn more, visit our Understanding your fees page. |
| Domestic tuition unit fee | $3,024 |
| International unit fee | $4,044 |
Unit Outline: Semester 1 2024, Gardens Point, Internal
| Unit code: | LLH481 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLH302. LLH302 can be studied in the same teaching period as LLH481. |
| Coordinator: | Afshin Akhtar-Khavari | afshin.akhtarkhavari@qut.edu.au |
Overview
In this unit you will learn how Australian law guides and manages 'foreign' elements in a legal dispute or challenge. This advanced Honours elective develops your skills to: (1) identify the forum to use to legally assert yourself; (2) determine how to have your legal rights recognised and enforced in Australia or in an overseas jurisdiction; and (3) identify the law to use in assessing your legal issues with foreign elements in it. You will learn to apply and critique the use of these doctrines across important and often litigated issues in contracts, torts and family law. Private international law will help you understand processes and support you to apply concepts to legal problems that arise because you may travel, communicate with people across legal jurisdiction, and shop across the world.
Learning Outcomes
On successful completion of this unit you will be able to:
- Explain the significance, scope and importance of private international law for legal practice in Australia with reference to contemporary issues (CLO 1.1, 1.4)
- Analyse and apply the relevant doctrines and principles that relate to addressing legal problems and disputes involving foreign elements (CLO 2.2, 2.3)
- Apply appropriate research methods, principles and doctrines to resolve problems across different legal fields relating to private international law (CLO 2.1, 2.2, 3.2)
- Critically evaluate the development of private international law in comparative contrast to other jurisdictions like the European Union, the United States and the United Kingdom (CLO 1.4, 2.3)
- Demonstrate professional written communication skills including the use of appropriate academic and legal written conventions (CLO 4.1)
Content
The content of this unit includes materials to help you learn:
- the rules, principles and doctrines which enable courts to deal with foreign elements in cases before them;
- the jurisdiction that courts and tribunals in Australia have to hear cases with foreign elements in them;
- whether a decision of a foreign court and/or arbitral judgment can be recognised and enforced in Australia;
- how the choice of law rules determine foreign elements in a legal case; and
- how legal issues in contracts, torts, and family law with foreign elements can be resolved.
Learning Approaches
The teaching and learning strategy used in this unit involves an integrated program of weekly (online and in-person) workshops, online material and videos, and formative and summative assessments. This unit employs both self-paced and an active approach to learning and is supported by regular workshops where you will learn from your lecturer and your peers, and apply yourself to relevant problems and issues. Prior to the live workshops, you will engage with targeted reading materials, video and audio podcasts, and formative learning activities, including collaborative discussions on Canvas that will introduce you to a range of practical and theoretical perspectives on the subjects.
Your participation in the unit will include:
- Engagement with regularly updated and weekly online materials including cases and videos
- Discussions on Canvas and in live workshops
- Collaboration with peers and your lecturer to apply concepts to real world situations involving foreign elements.
Feedback on Learning and Assessment
Students are provided with feedback to assist their learning throughout the semester. The feedback is provided through:
- discussions in workshops
- individual feedback provided on assessment
- generic feedback posted on the unit's Canvas for each item of assessment
- examples of past student assessment, and
- the opportunity to consult with members of the teaching team.
Assessment
Overview
You will be formatively assessed during the semester in project-based workshop activities and summative assessment will include a critical/research writing exercise and a take-home end-of-semester exam.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Writing exercise
Acting as a private international lawyer, you will be required to provide legal analysis and critique in relation to relevant aspects of the three main doctrinal areas of private international law: jurisdiction, enforcement or choice of law. You will write a report that analyses and applies the relevant law in relation to one of the three cases you will be given.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Take-home examination
The take-home examination will be a maximum of 2000 words. All topics may be examined.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
Reid Mortensen, Richard Garnett, and Mary Keyes, Private International Law in Australia (LexisNexis 2019, 4th Edition)
Risk Assessment Statement
There are no unusual risks involved in this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Writing exercise, Take-home examination - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, ULO4, Writing exercise, Take-home examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO3, Writing exercise, Take-home examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, ULO3, Writing exercise, Take-home examination - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO2, ULO4, Writing exercise, Take-home examination - Selecting and applying appropriate research methods
Relates to: ULO3, Writing exercise, Take-home examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO5, Writing exercise, Take-home examination
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Writing exercise, Take-home examination - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, ULO4, Writing exercise, Take-home examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO3, Writing exercise, Take-home examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, ULO3, Writing exercise, Take-home examination - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO2, ULO4, Writing exercise, Take-home examination - Selecting and applying appropriate research methods
Relates to: ULO3, Writing exercise, Take-home examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO5, Writing exercise, Take-home examination
Unit Outline: Semester 1 2024, Online
| Unit code: | LLH481 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLH302. LLH302 can be studied in the same teaching period as LLH481. |
Overview
In this unit you will learn how Australian law guides and manages 'foreign' elements in a legal dispute or challenge. This advanced Honours elective develops your skills to: (1) identify the forum to use to legally assert yourself; (2) determine how to have your legal rights recognised and enforced in Australia or in an overseas jurisdiction; and (3) identify the law to use in assessing your legal issues with foreign elements in it. You will learn to apply and critique the use of these doctrines across important and often litigated issues in contracts, torts and family law. Private international law will help you understand processes and support you to apply concepts to legal problems that arise because you may travel, communicate with people across legal jurisdiction, and shop across the world.
Learning Outcomes
On successful completion of this unit you will be able to:
- Explain the significance, scope and importance of private international law for legal practice in Australia with reference to contemporary issues (CLO 1.1, 1.4)
- Analyse and apply the relevant doctrines and principles that relate to addressing legal problems and disputes involving foreign elements (CLO 2.2, 2.3)
- Apply appropriate research methods, principles and doctrines to resolve problems across different legal fields relating to private international law (CLO 2.1, 2.2, 3.2)
- Critically evaluate the development of private international law in comparative contrast to other jurisdictions like the European Union, the United States and the United Kingdom (CLO 1.4, 2.3)
- Demonstrate professional written communication skills including the use of appropriate academic and legal written conventions (CLO 4.1)
Content
The content of this unit includes materials to help you learn:
- the rules, principles and doctrines which enable courts to deal with foreign elements in cases before them;
- the jurisdiction that courts and tribunals in Australia have to hear cases with foreign elements in them;
- whether a decision of a foreign court and/or arbitral judgment can be recognised and enforced in Australia;
- how the choice of law rules determine foreign elements in a legal case; and
- how legal issues in contracts, torts, and family law with foreign elements can be resolved.
Learning Approaches
The teaching and learning strategy used in this unit involves an integrated program of weekly (online and in-person) workshops, online material and videos, and formative and summative assessments. This unit employs both self-paced and an active approach to learning and is supported by regular workshops where you will learn from your lecturer and your peers, and apply yourself to relevant problems and issues. Prior to the live workshops, you will engage with targeted reading materials, video and audio podcasts, and formative learning activities, including collaborative discussions on Canvas that will introduce you to a range of practical and theoretical perspectives on the subjects.
Your participation in the unit will include:
- Engagement with regularly updated and weekly online materials including cases and videos
- Discussions on Canvas and in live workshops
- Collaboration with peers and your lecturer to apply concepts to real world situations involving foreign elements.
Feedback on Learning and Assessment
Students are provided with feedback to assist their learning throughout the semester. The feedback is provided through:
- discussions in workshops
- individual feedback provided on assessment
- generic feedback posted on the unit's Canvas for each item of assessment
- examples of past student assessment, and
- the opportunity to consult with members of the teaching team.
Assessment
Overview
You will be formatively assessed during the semester in project-based workshop activities and summative assessment will include a critical/research writing exercise and a take-home end-of-semester exam.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Writing exercise
Acting as a private international lawyer, you will be required to provide legal analysis and critique in relation to relevant aspects of the three main doctrinal areas of private international law: jurisdiction, enforcement or choice of law. You will write a report that analyses and applies the relevant law in relation to one of the three cases you will be given.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Take-home examination
The take-home examination will be a maximum of 2000 words. All topics may be examined.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
Reid Mortensen, Richard Garnett, and Mary Keyes, Private International Law in Australia (LexisNexis 2019, 4th Edition)
Risk Assessment Statement
There are no unusual risks involved in this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Writing exercise, Take-home examination - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, ULO4, Writing exercise, Take-home examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO3, Writing exercise, Take-home examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, ULO3, Writing exercise, Take-home examination - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO2, ULO4, Writing exercise, Take-home examination - Selecting and applying appropriate research methods
Relates to: ULO3, Writing exercise, Take-home examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO5, Writing exercise, Take-home examination
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Writing exercise, Take-home examination - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, ULO4, Writing exercise, Take-home examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO3, Writing exercise, Take-home examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, ULO3, Writing exercise, Take-home examination - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO2, ULO4, Writing exercise, Take-home examination - Selecting and applying appropriate research methods
Relates to: ULO3, Writing exercise, Take-home examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO5, Writing exercise, Take-home examination