Note: This is an archived Handbook entry from 2016.
|Dates & Locations:|| |
This subject has the following teaching availabilities in 2016:Semester 1, Parkville - Taught on campus.
Timetable can be viewed here. For information about these dates, click here.
|Time Commitment:||Contact Hours: 48 hours |
Total Time Commitment:
Successful completion of all the below subjects:
Study Period Commencement:
|Recommended Background Knowledge:||None|
|Non Allowed Subjects:||None|
|Core Participation Requirements:||
The Melbourne Law School welcomes applications from students with disabilities. It is University and Law School policy to take all reasonable steps to enable the participation of students with disabilities, and reasonable adjustments will be made to enhance a student's participation in the School's programs.
The inherent academic requirements for the study in the Melbourne Law School are:
Students must possess behavioural and social attributes that enable them to participate in a complex learning environment. Students are required to take responsibility for their own participation and learning. They also contribute to the learning of other students in collaborative learning environments, demonstrating interpersonal skills and an understanding of the needs of other students. Assessment may include the outcomes of tasks completed in collaboration with other students.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
CoordinatorMs Lisa Sarmas
The subject will enable students to develop a broad and critical understanding of the law of trusts. We will consider what a trust is and what functions it performs in modern Australian society. We will examine in detail the rules and principles governing the validity of express trusts, exploring the relationships between trust and contract and trust and debt along the way. We will also consider trusts for charitable and non-charitable purposes, asking whether the law relating to charitable trusts is in need of reform. We will look at trustees’ duties, including the duty of trusteeship itself, fiduciary duties and duties relating to the investment of trust assets. We will consider resulting and constructive trusts, before finally exploring remedies for breach of trust, including personal remedies against a defaulting trustee or a third party, and remedies that arise when misapplied trust assets may be traced into a defendant’s hands and made the subject of a proprietary claim.
Trusts builds on the foundational knowledge of trusts that students will have acquired from the compulsory subject Obligations. The subject emphasises contemporary applications of the rules, principles and remedies surrounding the trust. It also explores issues in contemporary trusts law that are presently unresolved and the subject of contention.
A student who has completed Trusts should have an advanced, integrated and comparative knowledge of the law of trusts. In particular, such a student will be able to:
The due date of the above assessment will be available to students via the LMS.
|Prescribed Texts:|| |
Specialist printed materials will also be made available from the Melbourne Law School.
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
On completion of the subject, students should have developed their skills in the following areas:
Juris Doctor |
Juris Doctor/Master of Business Administration
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