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Trusts Law in Asia-Pacific (LAWS90230)
Graduate courseworkPoints: 12.5Not available in 2022
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Overview
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It is well-known that the trust is a significant device that provides the foundation for a range of domestic and commercial arrangements in common law jurisdictions. In contrast, its existence, influence, and development in Asia are under-discussed. This subject aims to explore, from theoretical and practical perspectives, the influence of trusts law in Asia-Pacific, and to provide an appreciation of the enormous potential of trusts law across the region.
This subject will take as its starting point the trusts laws in common law jurisdictions in the region, such as Australia, New Zealand, Hong Kong, and Singapore, given that the trust is a distinctively common law device. From there it will consider the differences between common law and civil law traditions, how this provides challenges for the transplantation of the trust, and strategies that have been adopted to overcome them. The subject then explores the different uses of the trust in Asia-Pacific, as well as how the trust is used in the family and commercial contexts, for asset protection purposes, and alongside indigenous customary or religious property-holding forms. It also considers the extent to which constructive and resulting trusts are relevant in non-common law jurisdictions in Asia-Pacific. Finally, the private international law perspective will be discussed, focusing on issues of jurisdiction and choice of law.
Principal topics will include:
- Civil law, mixed traditions and issues surrounding transplantation
- Trusts Diffusion in Asia-Pacific
- Conceptions of the trust
- Uses of the trust in Asia-Pacific
- Trusts and the family context
- Trusts and commercial arrangements
- Pacific offshore trusts
- Trusts and customary/religious property-holding forms
- Constructive and resulting trusts
- Private international law: jurisdiction and choice of law
Intended learning outcomes
A student who has successfully completed this subject will understand, appreciate, and be able to explain the significance of:
- The differences between common law and civil law traditions and how they impact on the reception of the trust;
- The historical reception of the trust in Asia-Pacific;
- How trusts law has been used or adapted to address issues in the family, commercial, and customary/religious contexts;
- The use of trusts for asset protection purposes in Asia-Pacific;
- The applicability of constructive and resulting trusts in the region; and
- Jurisdiction and choice of law issues surrounding trusts in Asia-Pacific.
Generic skills
- An appreciation of the inherent character, flexibility, and limits of trusts law from an Asian-Pacific perspective;
- An ability to identify, understand, and critically evaluate how trusts law facilitates certain domestic and commercial transactions and its limitations;
- An understanding of how the trust interacts with customary or religious property-holding forms;
- An ability critically to analyse the desirability of incorporating, developing, and transplanting aspects of the trust in Asia-Pacific;
- An appreciation of cross-border issues that arise in Asia-Pacific in relation to trusts; and
- Skills in the application of the comparative method.
Last updated: 12 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
It is recommended that students wanting to enrol in this subject have previous knowledge in trusts law and contracts law. This subject is suitable for those with common law or civil law backgrounds.
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
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: 12 November 2022
Assessment
Description | Timing | Percentage |
---|---|---|
Take-home examination
| 15 - 18 July 2022 | 100% |
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected. | Throughout the teaching period | N/A |
Last updated: 12 November 2022
Quotas apply to this subject
Dates & times
Not available in 2022
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 12 November 2022
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Laws Course Master of Private Law Course Master of Commercial Law - 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.
Additional information for this subject
If required, please contact law-masters@unimelb.edu.au for subject coordinator approval.
Last updated: 12 November 2022