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Trusts (LAWS50033)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Semester 1
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Overview
Availability | Semester 1 |
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Fees | Look up fees |
The subject will enable students to develop a broad and critical understanding of the law of trusts. We will consider what a trust is and what functions it performs in modern Australian society. We will examine in detail the rules and principles governing the validity of express trusts, exploring the relationships between trust and contract and trust and debt along the way. We will also consider trusts for charitable and non-charitable purposes, asking whether the law relating to charitable trusts is in need of reform. We will look at trustees’ duties, including the duty of trusteeship itself, fiduciary duties and duties relating to the investment of trust assets. We will consider resulting and constructive trusts, before finally exploring remedies for breach of trust, including personal remedies against a defaulting trustee or a third party, and remedies that arise when misapplied trust assets may be traced into a defendant’s hands and made the subject of a proprietary claim.
Trusts builds on the foundational knowledge of trusts that students will have acquired from the compulsory subject Obligations. The subject emphasises contemporary applications of the rules, principles and remedies surrounding the trust. It also explores issues in contemporary trusts law that are presently unresolved and the subject of contention.
Intended learning outcomes
A student who has completed Trusts should have an advanced, integrated and comparative knowledge of the law of trusts. In particular, such a student will be able to:
- Demonstrate an integrated understanding of conceptual issues and debates in modern trusts law, including: whether the trust is best conceived as property or obligation; the extent to which the law of trusts overlaps with the law of unjust enrichment; and the character of resulting and constructive trusts;
- Demonstrate a sophisticated appreciation of, and ability to engage in, the complex policy and practical debates surrounding modern trusts law, on topics such as: the proprietary consequences of trusts on insolvency; the proper relationship of the law of trusts and statutory law; and purpose trusts, especially those for charitable purposes;
- Demonstrate a high-level capacity to critically and independently evaluate a range of propositions and arguments about conceptual and policy dimensions of modern trusts law;
- Demonstrate a high-level capacity to critically and independently evaluate responses to issues in modern trusts law in different jurisdictions from a comparative perspective;
- Locate and understand the significance of the place of trusts law within the private law as a whole; and
- Use effective written communication skills in structuring and presenting relevant analysis, argument and conclusions.
Generic skills
On completion of the subject, students should have developed their skills in the following areas:
- Specialist understanding, interpretation, critical reflection, synthesis and comparison of judicial decisions, statutory provisions, and other primary source materials, on modern trusts law;
- Interpretation, critical reflection, synthesis and comparison of academic literature on modern trusts law; and
- Generating and evaluating proposals for the reform of Australian trusts law having regard to international experience and academic writings.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of all the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (On Campus - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50027 | Dispute Resolution | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50031 | Legal Theory |
Semester 2 (On Campus - Parkville)
November (On Campus - Parkville)
|
12.5 |
Corequisites
None
Non-allowed subjects
None
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Interim assessment of a one hour exam (30%) and a 2 hour exam (70%)
OR
- A 3 hour exam (100%)
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 3 November 2022
Dates & times
- Semester 1
Principal coordinator Lisa Sarmas Mode of delivery On Campus (Parkville) Contact hours 48 hours Total time commitment 144 hours Teaching period 26 February 2018 to 27 May 2018 Last self-enrol date 9 March 2018 Census date 31 March 2018 Last date to withdraw without fail 4 May 2018 Assessment period ends 22 June 2018 Semester 1 contact information
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- M W Bryan, S E Degeling, M S Donald and V J Vann, A Sourcebook on Equity and Trusts in Australia (Cambridge University Press, 2016)
- M W Bryan, V J Vann and S Barkehall Thomas, Equity and Trusts in Australia (Cambridge University Press, 2017)
- Specialist printed materials will also be made available from the Melbourne Law School.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022