Private International Law 2012 Pril 20.11.2015

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Private International

Law

SYDNEY LAWSCHOOL

The subject of private international law exists in a world

with parallel legal systems each having overlapping

competences to decide disputes with a cross-borderelement It is principa lly concerned with three recurring

questions which are the focus of this unit of study

do the courts of a particular legal system havendash

jurisdict ion to determine a cross-border dispute

if jurisdiction exists will those courts apply rulesndash

(eg of contract law) of local origin or rules which

emanate from another legal system in determining

that dispute

if a court in another legal system has determinedndash

the dispute will the judgment of that court

Sydney Law School has placed private international

law at the heart of its curriculum recognising itsincreasing importance in legal practice in Australia as

her citizens and businesses become increasingly mobile

With the expansion of trade and travel comes an

inevitable increase in cross-border litigation Moreover

private international law does not concern itself only

with the resolution of disputes ndash an understanding

of its concepts and strategies is essential in planning

international business and financing transactions Its

importance is emphasised by the fact that thereare now few contracts with a cross-border element

that do not contain governing law and choice of

courtarbitration provisions The effectiveness of

those provisions however varies to a surprising

degree between legal systems and it is essential for

practitioners to understand the limits in identifying and

controlling legal risk

This mini-brochure gives an outline of the subject as

studied on the JD LLB and Masters (including LLM)

programs and identifies the opportunities for students

on these programs to study the subject in 2012 and

beyond

CROSSING BORDERS



PRIVATE INTERNATIONAL LAW ON THE JD AND LLB PROGRAMS

Private international law will be a compulsory subject (Private International Law A) for all final-year students on the JurisDoctor

program from 2013 For LLB students the subject will be mandatory for students in their final-year from 2015 with all students

being strongly encouraged to study Private International Law A available as an elective from 2013 The compulsory subject will be

complemented by a final year elective Private International Law B which wil l be offered in 2012 as well as from 2013 The content

of these courses is described in the boxes below

PRIVATE INTERNATIONAL LAW A COVERS THE FOLLOWING TOPICSScope of private international law1 what is the subject and how does it relate to other areas of law (including public

international law)

Personal jurisdiction 2 when can Australian courts hear international cases and what tools do they have to control ldquoforum

shoppingrdquo

Substance and procedure3 what is the content of the category of Australian rules of evidence in procedure which apply in

all cases

Proof of foreign law4 if foreign law applies how does an Australian court determine the content of that law

Exclusionary doctrines5 in what circumstances may an Australian court refuse to apply a relevant foreign rule of law

Choice of law in contract6 how do Australian courts decide which countryrsquos law governs a contract

Choice of law in tort7 how do Australian courts decide which countryrsquos law regulates liability for non-contractual

wrongdoing

Recognition and enforcement of foreign judgments8 when will a judgment of a foreign court be recognised and enforced

The focus will be on cases with an international element but the rules applicable in intra-Australian cases will also bediscussed

PRIVATE INTERNATIONAL LAW B WHICH COMPLEMENTS PRIVATE INTERNATIONAL LAW A COVERS THE FOLLOWINGTOPICS

Personal connecting factor1 what tests are applied to link a person to a legal system for the purposes of regulating

matters of personal status and rights attaching to the person

Renvoi and the incidental question 2 if the law of a foreign country applies what notice (if any) must be taken of the

content of that countryrsquos private international law rules

Property situs immovables tangible and intangible movables3 how do Australian courts decide which countryrsquos law

governs the transfer of title to land goods debts and other property

Succession on death4 what laws govern testate and intestate succession to movable property

Marriage5 in what circumstances will Australian courts recognise foreign marriages or validate marriages in Australia

between foreign domiciled parties

Dissolution and annulment of marriage6 when will an Australian court recognise a foreign divorce or similar decree

For further information please see the JD and LLB program guides or email lawinfosydneyeduau



PRIVATE INTERNATIONAL LAW ON THE MASTERS 983080INCLUDING LLM983081 PROGRAMSThe study of cross-border aspects of disputes and transactions forms an integral part of many units on the Masters

programs reflecting the international outlook of the School of Law and its student body

Two intensive units (Private International Law (LAWS6948) European Private International Law (LAWS6952) to

be taught in 2012 by Andrew Dickinson (Professor in Private International Law at the University of Sydney) will enable

students to specialise in private international law topics and to compare and contrast the approaches taken to theproblems raised by competition between legal systems in Australia and the European Union The units will be taught and

assessed separately but the content of the two units and assessment regime have been designed to offer students the

chance to take both courses and to pursue a broader comparative approach to the subject

Full details of the two units including course dates and assessment regimes are set out in the information sheets (see

Annex) A summary appears in the boxes below

An additional unit International Commercial Litigation (LAWS6884) will be taught as part of the 2012 Sydney Law

School in Europe Program (Humboldt Law School Berlin 20-21 amp 24-25 September 2012)

The Masters intensive unit Private International Law (LAWS6948) focuses on the law applied by Australian courts in

international cases with relevant comparisons to the intra-Australian rules and to the approaches in other jurisdictions

The course covers the following topics

The nature and function of private international lawndash

Personal and subject matter jurisdictionndash

The recognition and enforcement of foreign judgmentsndash

Choice of law topics with particular reference to the law applicable to contract and tortndash

Limits to the application of foreign law substance and procedure proof of foreign law public policy and otherndash

exclusionary doctrines

The intensive unit European Private International Law (LAWS6952) focuses on the common rules of private

international law adopted by the Member States of the European Union in particular in the area of civil and

commercial law


The development of European private international lawndash

The constitutional basis for European private international lawndash

The content and inter-action of the key EU private international law instruments in civil and commercial mattersndash

Brussels I Regulation (442001) jurisdiction and the recognition and enforcement of judgmentsndash

Rome I Regulation (5932008) law applicable to contractual obligationsndash

Rome II Regulation (8642007) law applicable to non-contractual obligationsndash

Postgraduate units in 2013-2014 Due to teaching commitments on the JDLLB programs it is unlikely that either of

these two units will be taught again before 2015 The unit Commercial Conflict of Laws (LAWS6824) may be available

in 2013 or 2014 but the teaching schedules for these years have not yet been settled Other related postgraduate

units which may be also be offered in 2013-2014 include International Commercial Litigation (LAWS6884)

International Commercial Arbitration (LAWS6060) and International Investment Law (LAWS6916)



International Students please note consult the University of Sydneyrsquos International Office website for full details of all associated costs including fees accommodation cost of living

and education expenses for school-age dependents The address is

httpsydneyeduauinternationaloffice

CRICOS Provider 00026A ABN 15 211 513 464

SYDNEY LAWSCHOOL

Information Desk

Level 3 Law School Building (F10)

Sydney Law School

Eastern Avenue

University of Sydney NSW 2006

T +61 2 9351 0351 F +61 2 9351 0200

E lawinfosydneyeduau

W httpsydneyeduaulaw

Photography by John Gollings

RECENT AND FUTURE DEVELOPMENT OF PRIVATE INTERNATIONAL LAW IN AUSTRALIA

Implementation of Hague Service Conventionndash

Amendments to Trans-Tasman Proceedings Act 2010 (Cth) to complete statutory framework for implementing thendashAgreement on Trans-Tasman Court Proceedings and Regulatory Enforcement

Review of the principles and rules governing the appearance of witnesses by video link (Sunland Waterfront vndash

Prudentia Investments (2011))

Initiative of Standing Council of Law and Justice to harmonise forum non conveniens choice of court and choice ofndash

law rules across Australia in line with international standards

Commonwealth Law Ministersrsquo proposal to develop a Commonwealth scheme on international civil legal co-operationndash

Students on the LLB Honours Program are also encouraged to consider a private international law topic for their final

year Honours thesis Interested students should contact their course lecturer or one of the staff members responsible

for the private international law program

Further information on the Private International Law program in Sydney can be found on the Sydney Law School

website httpsydneyeduaulawscilresearchprivate_international_lawshtml

CONTACTSProfessor Andrew Dickinson (andrewdickinsonsydneyeduau)

Associate Professor Chester Brown (chesterbrownsydneyeduau)

Mr Ross Anderson (rossandersonsydneyeduau)

RESEARCH PROGRAMS AND OTHER OPPORTUNITIESThe rapid development of this area of the law in Australia (see ldquoRecent and Future Developmentrdquo below) creates

opportunities for new research in the field assessing new rules offering comparative insights and linking to other areas of

legal and non-lega l study The School of Law is developing its private international law research program and would like to

hear from you if you would be interested in undertaking postgraduate research in the field For further information or to

discuss possible opportunities please contact Professor Andrew Dickinson Associate Professor Chester Brown or Mr Ross

Anderson (see contact details below)



PRIVATE INTERNATIONAL LAW ON THE JD AND LLB PROGRAMS

Private international law will be a compulsory subject (Private International Law A) for all final-year students on the JurisDoctor

program from 2013 For LLB students the subject will be mandatory for students in their final-year from 2015 with all students

being strongly encouraged to study Private International Law A available as an elective from 2013 The compulsory subject will be

complemented by a final year elective Private International Law B which wil l be offered in 2012 as well as from 2013 The content

of these courses is described in the boxes below

PRIVATE INTERNATIONAL LAW A COVERS THE FOLLOWING TOPICSScope of private international law1 what is the subject and how does it relate to other areas of law (including public

international law)

Personal jurisdiction 2 when can Australian courts hear international cases and what tools do they have to control ldquoforum

shoppingrdquo

Substance and procedure3 what is the content of the category of Australian rules of evidence in procedure which apply in

all cases

Proof of foreign law4 if foreign law applies how does an Australian court determine the content of that law

Exclusionary doctrines5 in what circumstances may an Australian court refuse to apply a relevant foreign rule of law

Choice of law in contract6 how do Australian courts decide which countryrsquos law governs a contract

Choice of law in tort7 how do Australian courts decide which countryrsquos law regulates liability for non-contractual

wrongdoing

Recognition and enforcement of foreign judgments8 when will a judgment of a foreign court be recognised and enforced

The focus will be on cases with an international element but the rules applicable in intra-Australian cases will also bediscussed

PRIVATE INTERNATIONAL LAW B WHICH COMPLEMENTS PRIVATE INTERNATIONAL LAW A COVERS THE FOLLOWINGTOPICS

Personal connecting factor1 what tests are applied to link a person to a legal system for the purposes of regulating

matters of personal status and rights attaching to the person

Renvoi and the incidental question 2 if the law of a foreign country applies what notice (if any) must be taken of the

content of that countryrsquos private international law rules

Property situs immovables tangible and intangible movables3 how do Australian courts decide which countryrsquos law

governs the transfer of title to land goods debts and other property

Succession on death4 what laws govern testate and intestate succession to movable property

Marriage5 in what circumstances will Australian courts recognise foreign marriages or validate marriages in Australia

between foreign domiciled parties

Dissolution and annulment of marriage6 when will an Australian court recognise a foreign divorce or similar decree

For further information please see the JD and LLB program guides or email lawinfosydneyeduau

























commercial law



















SYDNEY LAWSCHOOL

Information Desk


Sydney Law School

Eastern Avenue


T +61 2 9351 0351 F +61 2 9351 0200


















































commercial law



















SYDNEY LAWSCHOOL

Information Desk


Sydney Law School

Eastern Avenue


T +61 2 9351 0351 F +61 2 9351 0200
































SYDNEY LAWSCHOOL

Information Desk


Sydney Law School

Eastern Avenue


T +61 2 9351 0351 F +61 2 9351 0200


























Private International Law 2012 Pril 20.11.2015

Documents

Transcript of Private International Law 2012 Pril 20.11.2015