LAWS90096 International Trust Law

Credit Points: 12.5
Level: 9 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2017:

September, Parkville - Taught on campus.Show/hide details
Pre-teaching Period Start 07-Aug-2017
Teaching Period 04-Sep-2017 to 08-Sep-2017
Assessment Period End 23-Oct-2017
Last date to Self-Enrol 30-Jun-2017
Census Date 04-Sep-2017
Last date to Withdraw without fail 22-Sep-2017

This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.

Timetable can be viewed here.
For information about these dates, click here.
Time Commitment: Contact Hours: 24-26 hours
Total Time Commitment:

136-150 hours

The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.


Melbourne Law Masters Students: None

JD Students: Successful completion of the below subject:

Study Period Commencement:
Credit Points:
Semester 1
Corequisites: 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.

Non Allowed Subjects: None
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.



Professor Robert Chambers, Coordinator

Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au

Subject Overview:

This subject is a study of trusts in an international context, beginning with the rise of the modern form of discretionary trust and the problems of holding trustees to account and controlling the exercise of their discretion. It explores how trusts are used in the 'offshore world', which allows for private purpose trusts and makes use of enforcers, protectors, and letters of wishes. It looks at how trusts are used, and misused, to protect assets from creditors, and how they are used in civil law jurisdictions.

It is suitable for those with common law or civil law backgrounds, whether they have studied trusts at an undergraduate level or not. Suggestions for some extra introductory reading will be provided for those who are new to trusts or wish to brush-up on basic trust concepts.

Principal topics include:

  • Control of trustees
  • Purpose trusts
  • Enforcers and protectors
  • Letters of wishes
  • Shams
  • Asset protection
  • Trusts in private international law
  • Trusts in civil law jurisdictions.
Learning Outcomes:

A student who has successfully completed this subject will understand, appreciate, and be able to explain the significance of:

  • The use of trusts and trust-like devices in common law, civil law, and 'offshore' jurisdictions to manage wealth, and the various purposes for which they are used
  • The difficulties associated with the modern form of discretionary trust and the control of trustees and the exercise of their discretion
  • Developments in the 'offshore world', their legitimacy, and their effect on the development of the law of trusts elsewhere.

Take-home examination (5,000 - 6,000 words) (100%) (20 - 23 October 2017)

A minimum of 75% attendance is a hurdle requirement.

Prescribed Texts:

Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.

Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Links to further information: law.unimelb.edu.au
Related Course(s): Graduate Diploma in Legal Studies
Juris Doctor
Master of Commercial Law
Master of Laws
Master of Private Law

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