Current Issues in Private Law (LAWS7721)

Course overview

This course will examine contemporary issues in private law. Topics will vary from year to year, drawing on the innovative research of TC Beirne School of Law academic staff, as well as the expertise of visiting scholars and leading practitioners. Please refer to the Law School website for current topics.

A typical range of topics will include issues relating to private and commercial law, such as the law of contract, tort, medical law, property, public body liability, unjust enrichment and restitution, law and technology, sports law, and taxation.

LAWS7721 Topic in Semester 2, 2024 is Advanced Law of Trusts and Trustees.

Maitland famously wrote that:

“.The idea of a trust is so familiar to us that we never wonder at it. And yet surely we ought to wonder. If we were asked what was the greatest and mots distinctive achievement performed by Englishmen in the field of jurisprudence I cannot thin that we could have any better answer to give than this, namely, the development from century to century of the trust idea.”

Yet another century has passed since Maitland’s statement was made but it is not hyperbolic to say that the “idea of a trust” is now even more significant in the management and preservation of personal wealth and the carrying out of trade and commerce than ever before; the trust flourishes more now than ever and in more jurisdictions than ever.

This advanced course will examine key aspects of the use and management of the trust relationship in Australia, England and the major “offshore” jurisdictions, whether Crown Dependencies, British Overseas Territories, Hong Kong or Singapore.

The course is a very practical course and will equip students to practice trusts law and litigation at the highest level both in Australia and offshore, including Hong Kong, Singapore, the Chanel Islands and the Caribbean. We address issues that signify for trusts practitioners both domestically and across the world.

The course has also been designed to sit alongside the module on Commercial Equity.

In particular, the development and use of the trust offshore will be central to the course both as an examination of jurisdictions each in their own right, including singular ideas and legislation in the offshore jurisdictions, and by way of comparison with Australia and England.

Topics to be examined are:

• Asset protection and trusts including, in particular, an examination of Cook Islands’ asset protection trusts / legislation;
• The use of non-charitable purpose trusts offshore with particular emphasis on the so-called STAR trusts in the Cayman Islands;
• The attenuation of trustee duties in relation to underlying companies;
• Third party claims against trustees and trust assets including so-called “firewall” legsialtion offshore and the competing rights of trustee and creditor where a trust estate is insolvent;
• What is required for an effective exercise of power by a trustee and the various ways in which an exercise of power might be impeached;
• Trustee liability and exclusion of alibility for breach of trust;
• Removing and appointing new trustees and/or beneficiaries; and
• Trustee duties as to the administration of trust property.

Course requirements

Restrictions

Students in the LLM 16 and LLM 24 unit programs only

Course contact

Course staff

Timetable

The timetable for this course is available on the UQ Public Timetable.

Additional timetable information

This course is taught intensively from 9am to 1pm on 10/8, 11/8, 14/9, 15/9, 5/10, 6/10.

Aims and outcomes

Teaching Mission Statement

The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.

Course Aims

Learning outcomes

After successfully completing this course you should be able to:

Assessment

Assessment summary

Assessment details

Problem Paper

• Online

Mode

Written

Category

Essay/ Critique, Tutorial/ Problem Set

Weight

50%

Due date

30/09/2024 2:00 pm

Learning outcomes

L01, L02, L03, L04, L05, L06, L07, L08, L09

Task description

Submission guidelines

The assignment must be submitted electronically via the assessment submission link on the course Learn.UQ (Blackboard) site.

Deferral or extension

You may be able to apply for an extension.

The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.

Extension to Assessment Due Date

An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.

A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.

Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.

Late submission

A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.

Penalties for Late Submission

The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).

First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.

More than 7 periods of 24 hours - 100%.

Research Paper

• Online

Mode

Written

Category

Essay/ Critique

Weight

50%

Due date

8/11/2024 2:00 pm

Learning outcomes

L01, L02, L03, L04, L05, L06, L07, L08, L09

Task description

Submission guidelines

The assignment must be submitted electronically via the assessment submission link on the course Learn.UQ (Blackboard) site.

Deferral or extension

You may be able to apply for an extension.

The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.

Extension to Assessment Due Date

An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.

A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.

Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.

Late submission

A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.

Penalties for Late Submission

The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).

First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.

More than 7 periods of 24 hours - 100%.

Course grading

Full criteria for each grade is available in the Assessment Procedure.

Supplementary assessment

Supplementary assessment is available for this course.

Learning resources

You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.

Library resources

Find the required and recommended resources for this course on the UQ Library website.

Learning activities

The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.

Policies and procedures

University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:

• Student Code of Conduct Policy
• Student Integrity and Misconduct Policy and Procedure
• Assessment Procedure
• Examinations Procedure
• Reasonable Adjustments - Students Policy and Procedure

Learn more about UQ policies on my.UQ and the Policy and Procedure Library.

School guidelines

Your school has additional guidelines you'll need to follow for this course:

• Law School Announcements and Policies