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The current and official versions of the course specifications are available on the web at https://www.usq.edu.au/course/specification/current.
Please consult the web for updates that may occur during the year.

LAW8705 Cross-Border Litigation

Semester 2, 2021 Online
Short Description: Cross-Border Litigation
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 4
ASCED code : 090909 - International Law
Grading basis : Graded
Version produced : 21 July 2021

Staffing

Examiner: Reid Mortensen

Requisites

Pre-requisite:(LAW5111 and LAW5112) or Students must be enrolled in one of the following Programs: LLBH or LLMC

Other requisites

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.

Rationale

This course gives important knowledge and analytical skills for students who wish to practise in commercial litigation, or understand contemporary commercial litigation better. Globalisation, trade and people movements mean that litigation increasingly involves litigants, property and issues that are in different countries or states. This cross-border element to litigation invokes a different set of laws (‘private international law’) that affect where the litigation may be heard, whether judgments can be enforced, and what country’s or state’s laws apply. This course gives understanding not only of cross-border litigation in Australia. A given cross-border commercial dispute can often be addressed in many different countries, and so the course introduces the similar law in countries that attract commercial litigants – especially the United States and the United Kingdom – and International Commercial Courts in London, Singapore and Dubai that are especially adapted to deal efficiently with international commercial litigation.

Synopsis

The course deals with the private international law of Australia, the United States and the United Kingdom as it applies in commercial litigation. It addresses the law in this field that deals with claims in contract, commercial torts and commercial equity. The course also considers how International Commercial Courts in London, Singapore and Dubai deal with commercial litigation, and the rise of International Commercial Courts in other countries.

Objectives

On successful completion of this course students should be able to:

  1. evaluate developments in chosen areas of private international law that applies to commercial litigation in Australia and the United States or the United Kingdom and in International Commercial Courts, and critically examine the relationship between those developments and contemporary theory or practice in commercial litigation (PO 1);
  2. demonstrate [explain and apply] advanced knowledge of the impact of the law applicable to cross-border jurisdiction, enforcement and choice of law on the substance, theory and practice of commercial litigation (PO 2);
  3. undertake, interpret and evaluate research in the private international law that applies to commercial litigation using advanced legal research methodologies and techniques (PO 3); and
  4. articulate advanced knowledge of the private international law that applies to commercial litigation in written presentations (PO 4).

Topics

Description Weighting(%)
1. Jurisdiction in cross-border commercial litigation 25.00
2. Enforcement of foreign and interstate commercial judgments 25.00
3. Choice of law in contractual, tortious and equitable claims 25.00
4. International Commercial Courts 25.00

Text and materials required to be purchased or accessed

ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2021&sem=02&subject1=LAW8705)

Please contact us for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)

Mortensen, R, Garnett, R & Keyes, M 2019, Private international law in Australia, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.

Student workload expectations

Activity Hours
Assessments 100.00
Private Study 49.00
Seminars 16.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
RESEARCH PROPOSAL 1 10 10 23 Aug 2021
RESEARCH PROPOSAL 2 10 10 13 Sep 2021
RESEARCH PAPER 1 40 40 27 Sep 2021
RESEARCH PAPER 2 40 40 01 Nov 2021

Important assessment information

  1. Attendance requirements:
    Online: There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

    On-campus: It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

  2. Requirements for students to complete each assessment item satisfactorily:
    To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)

  3. Penalties for late submission of required work:
    Students should refer to the Assessment Procedure http://policy.usq.edu.au/documents.php?id=14749PL (point 4.2.4)

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.

  5. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.

  6. Examination information:
    There is no examination in this course.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Deferred and Supplementary examinations will be held in accordance with the Assessment Procedure https://policy.usq.edu.au/documents/14749PL.

  8. University Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.

Assessment notes

  1. Students studying this course must use AGLC style in their research papers to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing, or contact the Law librarian.

Date printed 21 July 2021