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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.
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LAW3463 Cross-Border Litigation

Semester 3, 2022 Online
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : https://www.unisq.edu.au/current-students/administration/fees/fee-schedules


Examiner: Sarah McKibbin


Pre-requisite: (LAW2202 or LAW1123 or LAW5602 or LAW5123) and (LAW1124 or LAW5124 or LAW2204 or LAW5604)


Cross-Border Litigation relates to litigation and private legal obligations that cross borders - whether national or state borders. The course includes the power of Australian courts to deal with international and interstate litigation, opportunities for and restraints on forum shopping, and the enforcement of foreign and interstate judgments. It also involves choice of law: the principles by which a court will apply the law of another country or state in nominated fields of contract, tort, marriage and divorce, and property law.

Course learning outcomes

On successful completion of the course, students should be able to:

  1. demonstrate an understanding of Australian private international law that includes:
    1. underlying principles and concepts, including international and comparative principles, of private international law; and
    2. the broader contexts within which multistate and cross-border legal issues arise;
    1. identify and articulate multistate and cross-border legal issues.
    2. comprehend legal and other materials relevant to private international law.
    3. apply legal reasoning and research to generate appropriate responses to multistate and cross-border legal issues.
    4. engage in critical analysis of multistate and cross-border legal issues, and make a reasoned choice of legal and other materials amongst alternatives available for private international law;
  2. demonstrate the intellectual skills needed to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues relevant to multistate and cross-border legal issues;
  3. learn and work independently, including by demonstrating management, planning and organisation skills and self-directed engagement and initiative in the study of private international law.


Description Weighting(%)
1. Multistate legal problems 10.00
2. The cross-border jurisdiction of Australian courts 10.00
3. Limitations and restraints on cross-border jurisdiction 10.00
4. The effect of foreign and interstate judgments 10.00
5. Choice of law method 1: the general part 10.00
6. Choice of law method 2: complications and exclusions 10.00
7. Personal connecting factors 10.00
8. International family law 10.00
9. Choice of obligations law 10.00
10. Choice of property law 10.00

Text and materials required to be purchased or accessed

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

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Approach Type Description Group
Weighting (%) Course learning outcomes
Assignments Written Essay 1 No 35 1,2,3
Assignments Written Problem Solving No 30 1
Assignments Written Essay 2 No 35 1,2,3
Date printed 10 February 2023