sydney law

school

Private International
Law

CROSSING BORDERS
The subject of private international law exists in a world
with parallel legal systems, each having overlapping
competences to decide disputes with a cross-border
element. It is principally concerned with three recurring
questions, which are the focus of this unit of study:

do the courts of a particular legal system have

jurisdiction to determine a cross-border dispute?
if jurisdiction exists, will those courts apply rules
(e.g. 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 determined
the dispute, will the judgment of that court?

Sydney Law School has placed private international

law at the heart of its curriculum, recognising its
increasing 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 an understanding

of its concepts and strategies is essential in planning

international business and financing transactions. Its
importance is emphasised by the fact that there
are now few contracts with a cross-border element
that do not contain governing law and choice of
court/arbitration 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.

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 will 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 topics:

1. Scope of private international law: what is the subject and how does it relate to other areas of law (including public
international law?)
2. Personal jurisdiction: when can Australian courts hear international cases, and what tools do they have to control forum
shopping?
3. Substance and procedure: what is the content of the category of Australian rules of evidence in procedure which apply in
all cases?
4. Proof of foreign law: if foreign law applies, how does an Australian court determine the content of that law?
5. Exclusionary doctrines: in what circumstances may an Australian court refuse to apply a relevant foreign rule of law?
6. Choice of law in contract: how do Australian courts decide which countrys law governs a contract?
7. Choice of law in tort: how do Australian courts decide which countrys law regulates liability for non-contractual
wrongdoing?
8. Recognition and enforcement of foreign judgments: 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 be
discussed.
Private International Law B, which complements Private International Law A, covers the following
topics:
1. Personal connecting factor: 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?
2. Renvoi and the incidental question: if the law of a foreign country applies, what notice (if any) must be taken of the
content of that countrys private international law rules?
3. Property: situs, immovables, tangible and intangible movables: how do Australian courts decide which countrys law
governs the transfer of title to land, goods, debts and other property?
4. Succession on death: what laws govern testate and intestate succession to movable property?
5. Marriage: in what circumstances will Australian courts recognise foreign marriages or validate marriages in Australia
between foreign domiciled parties?
6. Dissolution and annulment of marriage: 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 law.info@sydney.edu.au

Private international law on the Masters (including LLM) programs

The 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 the
problems 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 & 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 law
Personal and subject matter jurisdiction
The recognition and enforcement of foreign judgments
Choice of law topics, with particular reference to the law applicable to contract and tort
Limits to the application of foreign law: substance and procedure, proof of foreign law, public policy and other
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 course covers the following topics:
The development of European private international law
The constitutional basis for European private international law
The content and inter-action of the key EU private international law instruments in civil and commercial matters:
Brussels I Regulation (44/2001): jurisdiction and the recognition and enforcement of judgments
Rome I Regulation (593/2008): law applicable to contractual obligations
Rome II Regulation (864/2007): law applicable to non-contractual obligations
Postgraduate units in 2013-2014: Due to teaching commitments on the JD/LLB 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).

Research programs and other opportunities

The rapid development of this area of the law in Australia (see Recent and Future Development below) creates
opportunities for new research in the field: assessing new rules, offering comparative insights and linking to other areas of
legal and non-legal 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).
Recent and Future Development of Private International Law in Australia
Implementation of Hague Service Convention
Amendments to Trans-Tasman Proceedings Act 2010 (Cth) to complete statutory framework for implementing the
Agreement on Trans-Tasman Court Proceedings and Regulatory Enforcement
Review of the principles and rules governing the appearance of witnesses by video link (Sunland Waterfront v
Prudentia Investments (2011))
Initiative of Standing Council of Law and Justice to harmonise forum non conveniens, choice of court and choice of
law rules across Australia in line with international standards
Commonwealth Law Ministers proposal to develop a Commonwealth scheme on international civil legal co-operation
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: http://sydney.edu.au/law/scil/research/private_international_law.shtml
contacts
Professor Andrew Dickinson (andrew.dickinson@sydney.edu.au)
Associate Professor Chester Brown (chester.brown@sydney.edu.au)
Mr Ross Anderson (ross.anderson@sydney.edu.au)

sydney law
school

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: law.info@sydney.edu.au
W: http://sydney.edu.au/law
Photography by John Gollings

International Students please note: consult the University of Sydneys 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
http://sydney.edu.au/internationaloffice
CRICOS Provider #00026A

ABN: 15 211 513 464