Semester 2, 2017

LAWS5017 - Private International Law A

150 pages

69,493 words



Full set of lecture notes, including all cases for Ross Anderson groups.
- Personal jurisdiction: common law, service out of the jurisdiction, discretionary non-exercise of jurisdiction, anti-suit injunctions
- Substance and procedure: rationale, characterisation, limitation of actions, damages
- Proof of foreign law
- Exclusionary doctrines: foreign revenue laws, foreign penal laws, public laws and governmental interests, forum public policy
- Choice of law in contract: identification of the proper law; capacity; formation; formal validity; illegality and forum public policy; duress and forum public policy; performance, variation and discharge; damages for breach of contract
- Choice of law in tort: place of the tort; maritime and aerial torts; the rule in Phillips v Eyre; modern Australian law; comparative approaches
- Foreign judgments: enforcement of foreign judgments at common law; defences to enforcement; conclusiveness of foreign judgments; procedure