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Advanced Trusts Law (LAWS90186)
Graduate courseworkPoints: 12.5On Campus (Parkville)
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
Availability(Quotas apply) | Semester 2 |
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Fees | Look up fees |
This subject provides the opportunity for students to explore in depth the theoretical and practical issues concerning trusts law. This subject builds upon JD compulsory subject LAWS50033 Equity and Trusts by providing students with the opportunity to deepen and intensify their comprehension and analysis by focusing in particular on two specific contexts: the domestic arena of private estate planning, and commercial transactions.
In the context of private estate planning, the subject will examine how private trusts are utilised to manage family wealth, including in the ‘offshore world’. Among the issues to be explored are the theoretical and practical aspects of how trusts may be used to protect assets, the control of trustees’ discretions, the impeachment of the exercise of trustee powers, and the rights of objects of trusts.
In the commercial context, the subject will examine the extent to which trusts and related concepts underlie, constrain, or promote commercial devices. Among the issues to be explored are the theoretical and practical aspects of creditor trusts, constructive trusts, equitable assignments, and equitable charges.
By comparing commercial trusts with private trusts, we will also be asking whether there are any significant differences in the way in which the trust device is used, in particular in relation to the rights, powers, and duties of trustees and beneficiaries. Finally, we will consider some issues surrounding international aspects of the trusts. This may include trusts in the conflict of laws or trusts in civil law jurisdictions.
Intended learning outcomes
A student who has completed this subject should have an advanced theoretical, practical, and comparative knowledge of the law of trusts. In particular, such a student will be able to:
- Demonstrate an appreciation of basic and advanced trusts concepts and conceptions, including issues and debates surrounding them, and the ability to identify and apply these concepts and conceptions in real-life scenarios
- Demonstrate an ability to engage in sophisticated critical analysis concerning the inherent propriety of various trusts concepts and their suitability for application in the modern-day practical world
- Demonstrate a high-level appreciation of how doctrinal scholarship and research may shape and guide the development of trusts
- Demonstrate the ability to identify, describe, and discuss theoretical and practical aspects of trusts law and to use effective written communication skills in structuring and presenting analyses, arguments, and conclusions
- Demonstrate a deep awareness and appreciation for how trusts law rules and doctrines may be 'localised' or adapted to the cultural or economical ethos of particular jurisdictions.
Generic skills
On successful completion of this subject, students should have developed their skills in the following areas:
- Specialist and contextual understanding, interpretation, synthesis, and critical analysis of judicial decisions, statutory provisions, and other primary source materials relating to trusts law,
- Specialist and contextual understanding, interpretation, synthesis, and critical analysis of academic literature on trusts law,
- Awareness and appreciation of the conceptual limits of the trust, including the roles and limitations to the roles of the settlor, trustee, and beneficiary under a subsisting trust, and their suitability in the commercial world,
- Knowledge and understanding of the way the trust device is used to manage family wealth and underlies certain types of commercial transactions,
- Appreciate the uses and abuses it may be put to use in those contexts,
- Awareness and appreciation of the similarities and differences in relation to the rights and duties of beneficiaries and trustees between the domestic and commercial contexts, and
- Knowledge and understanding of the international potential of trusts and related issues.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Admission into the MC-JURISD Juris Doctor
AND
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning |
Summer Term (On Campus - Parkville)
April (On Campus - Parkville)
|
12.5 |
LAWS50024 | Principles of Public Law |
Semester 1 (On Campus - Parkville)
June (On Campus - Parkville)
|
12.5 |
LAWS50025 | Torts |
November (On Campus - Parkville)
Semester 1 (On Campus - Parkville)
|
12.5 |
LAWS50026 | Obligations |
May (On Campus - Parkville)
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 |
LAWS90140 | Disputes and Ethics | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50033 | Equity and Trusts | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Inherent requirements (core participation requirements)
Students are expected to meet the core participation requirements for their course, as outlined in the Entry and Participation Requirements section of the relevant University Handbook entry.
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).
Melbourne Law School welcomes applications from students with disabilities. Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
Last updated: 3 November 2022
Assessment
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
Description | Timing | Percentage |
---|---|---|
MId-semester exam
| Week 6 | 30% |
Open-book exam
| During the examination period | 70% |
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- Semester 2
Coordinator Ying Liew Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Teaching period 3 August 2020 to 1 November 2020 Last self-enrol date 14 August 2020 Census date 21 September 2020 Last date to withdraw without fail 16 October 2020 Assessment period ends 27 November 2020
Additional delivery details
This subject has an enrolment quota of 60. Your subject enrolment will not be confirmed until the selection process has been run. Selection is conducted on a random basis with outcomes communicated to students shortly after re-enrolment closes. Please refer to the Melbourne Law School website for more information on the JD Quota Elective selection process.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist materials may be made available from Melbourne Law School.
- Links to additional information
- 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.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022