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Advanced Trusts Law (LAWS90186)
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
Overview
Availability(Quotas apply) | Semester 1 |
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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, 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: 31 January 2024
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: 31 January 2024
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 date of the above assessment(s) will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- Semester 1
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 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 26 February 2024 to 26 May 2024 Last self-enrol date 8 March 2024 Census date 3 April 2024 Last date to withdraw without fail 3 May 2024 Assessment period ends 21 June 2024
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 of 60 students.
All timely JD elective enrolments are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends. Late self-enrolment is on a first-in basis up to quota.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS.
- 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: 31 January 2024