Advanced Trusts Law (LAWS90186)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
Semester 2
Teaching staff:
Ying Liew (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | Semester 2 |
|---|---|
| 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, unit trusts, constructive trusts, and equitable assignments.
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: 4 March 2025
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 (Dual-Delivery - Parkville) |
12.5 |
| LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50025 | Torts | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50026 | Obligations | 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)
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: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Class participation | During the teaching period | 20% |
Take-home examination (4000 words)
| During the examination period | 80% |
Additional details
The due dates of assessment will be made available to students on the Assessment Schedule on the Juris Doctor Canvas LMS Community. Note, these are updated regularly.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- Semester 2
Principal coordinator Ying Liew Mode of delivery On Campus (Parkville) Contact hours Please check Canvas LMS for details of the class schedule Total time commitment 150 hours Pre teaching requirements Please refer to Canvas LMS to check for any pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 28 July 2025 to 26 October 2025 Last self-enrol date 8 August 2025 Census date 1 September 2025 Last date to withdraw without fail 26 September 2025 Assessment period ends 21 November 2025 Semester 2 contact information
Teaching staff:
Ying Liew (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
This subject has an enrolment quota. Please refer to the Juris Doctor enrolment webpage for further information about re-enrolment and subject quotas. Melbourne Law School may reserve places in a subject for inbound study abroad and exchange students.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
- 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