Handbook home
Trusts Law in the Asia-Pacific Region (LAWS90230)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable (login required)(opens in new window)
Contact information
October
Lecturer
Ying Liew (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | October |
---|---|
Fees | Look up fees |
It is well-known that the trust is a significant device that provides the foundation for a wide range of domestic and commercial arrangements in common law jurisdictions. Trusts law is also flourishing in the Asia-Pacific region: with a rich diversity of legal traditions, cultures, and history, the trust has been (and is being) used in an increasing variety of ways to meet a range of different needs. However, the existence, influence, and development of trusts law in Asia are under-discussed.
This subject explores, from theoretical and practical perspectives, the influence and potential of trusts law across the Asia-Pacific region. The subject begins by exploring the rationales and benefits of a comparative study of trusts law in Asia-Pacific. It traces the history of trusts law diffusion in both common law and non-common law jurisdictions across the region, and considers how trusts law has been used to regulate customary/religious property-holding forms. In doing so, the subject critically assesses the (re)conceptualisation of the trust undertaken by non-common law jurisdictions in order to transplant the trust. The subject then considers the reach of constructive and resulting trusts in Asia-Pacific, before moving on to examine the different uses of the trust in the region — in the family context, in the commercial context, as well as a financial product in offshore and mid-shore jurisdictions. Finally, it discusses the private international law perspective, focusing on the issue of choice of law.
Principal topics will include:
- Comparative trusts law in the Asia-Pacific region
- Trusts Diffusion in the Asia-Pacific region
- Trusts and customary/religious property-holding forms
- Civil law and mixed traditions in the Asia-Pacific region, and conceptions of the trust
- Constructive and resulting trusts in the Asia-Pacific region
- Trusts in the family context
- Trusts in the commercial context
- Offshore and mid-shore jurisdictions
- Private international law: 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 in the Asia-Pacific region 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, as well as a financial product;
- The applicability of constructive and resulting trusts in the region; and
- Choice of law issues surrounding trusts in the Asia-Pacific region.
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: 31 January 2024
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: 31 January 2024
Assessment
October
Description | Timing | Percentage |
---|---|---|
Class participation and presentation | Throughout the teaching period | 20% |
Take-home examination
| 13 - 16 December 2024 | 80% |
Hurdle requirement: A minimum of 75% attendance is required. | Throughout the teaching period | N/A |
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- October
Principal coordinator Ying Liew Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 2 October 2024 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 30 October 2024 to 12 November 2024 Last self-enrol date 7 October 2024 Census date 1 November 2024 Last date to withdraw without fail 15 November 2024 Assessment period ends 16 December 2024 October contact information
Lecturer
Ying Liew (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
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: 31 January 2024
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.
- 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: 31 January 2024