International Trust Law (LAWS90096)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
May
Teaching staff:
Adam Hofri (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | May |
|---|---|
| Fees | Look up fees |
This subject offers a survey of trusts law and practice, including cutting-edge trust models using a large variety of international trust regimes.
In this subject, we will explore the different types and contexts of trust practice, including the use of trusts to plan succession to a settlor's assets, to minimise the tax burden borne by an individual, family or estate, to shield assets from a settlor's creditors, to securitise debt, to structure complex transactions, to invest pooled funds, to pass control of a family business between generations and more.
We will discuss the recent radical changes in trust law, from the reception of the trust in civil law and mixed legal systems through the weakening of beneficiaries' rights to receive information about the trust and enforce the trust, the exclusion of trustees' traditional duties and liabilities, and the development of new trust actors such as protectors and non-beneficiary enforcers.
Indicative list of principal topics:
• Challenges in receiving trusts into mixed and civil law legal systems, including in Asia
• The offshore phenomenon
• Trusts for non-residents and the conflict of laws
• Exclusion of trustees’ duties and liabilities
• The decline of beneficiaries’ rights and rise of non-beneficiary enforcers
• Reservation of powers and control by trust settlors
• Trust protectors
• “Asset protection trusts”
• Rescission of trustees’ mistakes
• Statutory firewalls
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Examine innovative trust models and identify the key features and differences available to trust users under different legal systems
- Assess the implications of using offshore legal systems to govern trusts
- Analyse the development of offshore jurisdictions' legal and financial sectors with a focus on their appeal and suitability for non-resident users
- Apply principles of private international law to resolve complex trust cases
- Critique the recent trends and radical changes in trust law, including the evolution of beneficiaries' rights, trustees' duties, and the roles of new trust actors.
Generic skills
- Critical thinking and analysis, identifying underlying principles, analysing judicial decisions and legislation
- Research Literacy: Enhance skills in conducting comprehensive legal research by comparing the law of different jurisdictions
- Normative assessment: Develop the ability to critically assess and evaluate legal developments
- Problem-Solving and Decision-Making: The capacity to apply legal knowledge to practical scenarios
Last updated: 4 March 2025
Eligibility and requirements
Prerequisites
Students must meet one of the following prerequisite options:
Option 1
Admission into a relevant Melbourne Law Masters program
Option 2
Admission into the MC-JURISD Juris Doctor
AND
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50033 | Equity and Trusts | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
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 Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
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: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Participation and Leading discussions | During the teaching period | 20% |
Final paper
| Wednesday 16 July 2025 | 80% |
| Hurdle requirement: A minimum of 75% attendance at all classes is required. | Throughout the teaching period | N/A |
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- May
Mode of delivery On Campus (Parkville) Contact hours 30 Total time commitment 150 hours Pre teaching start date 23 April 2025 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 21 May 2025 to 27 May 2025 Last self-enrol date 28 April 2025 Census date 23 May 2025 Last date to withdraw without fail 4 July 2025 Assessment period ends 8 August 2025 May contact information
Teaching staff:
Adam Hofri (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
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
Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, 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: 4 March 2025
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Master of Laws Course Master of Private Law Course Graduate Diploma in Laws Course Juris Doctor - 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required, or for further information about Community Access Program study, please contact us
(enquiries for current students | enquiries for prospective students).
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025