Settlor Control a Problem in Trust Law?, Dr Jeremy Hui Jing
27 May, 10:00-11:00
Online
Abstract
This talk revisits a question: Is settlor control a problem in trust law? The analysis focuses on circumstances where settlor control enables access to trust assets for personal benefit, yet such control is not formally recognised as wealth for the purposes of wealth-contingent laws, such as those relating to bankruptcy, family law, or creditor claims. Drawing upon leading cases including Swishette Pty Ltd v ACCC and Pugachev, the discussion examines how settlor control can undermine both the moral and legal foundations of the trust relationship, challenging the balance between fiduciary duties and societal expectations of accountability. The talk outlines a framework for distinguishing problematic forms of settlor control from benign arrangements, considering the settlor’s degree of control, the potential for personal benefit, and the appropriate level of legal intervention. The capacity of trust law to address these concerns through doctrines like substantive alienation and resulting trusts is critically assessed. Ultimately, the talk contends that settlor control poses challenges not only for other areas of law but also for the integrity of trust law itself, requiring nuanced and context-sensitive legal responses.
About the Speaker
Dr Jeremy Hui Jing is an Associate Professor at the Faculty of Law, University of Hong Kong. He specialises in equity and trusts, contract, property, and charity law, both in his teaching and research. He holds a PhD from the University of Melbourne, where his doctoral thesis was awarded the Melbourne Law School Harold Luntz Graduate Research Prize for Best PhD Thesis. His earlier qualifications include a research master’s degree in intellectual property law from Peking University and an LLB from the China University of Political Science and Law, from which he graduated in the top 3% of his class.
Professor Jing has published extensively in peer-reviewed journals. His work appears in Legal Studies, the American Journal of Comparative Law, the Journal of Equity, Civil Justice Quarterly, the Journal of Business Law, the European Business Organisation Law Review, and the Conveyancer and Property Lawyer. He has also contributed chapters to several edited collections. Before embarking on his academic career, he practised law from 2014 to 2017, working at the Beijing office of Zhong Lun Law Firm and at the China National Foreign Trade Financial & Leasing Company.