| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMERCIAL & EQUITY DIVISION
PRACTICE COURT S CI 2010 5303
IN THE MATTER OF the Will, Codicils and Estate of Sir William Charles Angliss, deceased
AND IN THE MATTER OF Rule 54.02 of the Supreme Court (General Civil Procedure) Rules 2005
AND IN THE MATTER OF s 7L of the Charities Act 1978
AND IN THE MATTER OF s 63 of the Trustee Act 1958
| GRAEME WILLIAM BALLARD AND OTHERS | Plaintiff |
| v | |
| THE ATTORNEY GENERAL FOR THE STATE OF VICTORIA | Defendant |
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JUDGE: | KYROU J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 20 October 2010 | |
DATE OF JUDGMENT: | 18 November 2010 | |
CASE MAY BE CITED AS: | Ballard v Attorney-General for Victoria | |
MEDIUM NEUTRAL CITATION: | [2010] VSC 525 | |
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TRUSTS AND TRUSTEES – Application for approval of amendments to the terms of two large charitable trusts established under a will made in 1954 – Estate fully administered – Trustees continuing to administer the trusts – Provisions of the will are out of date and detract from the efficient administration of the trusts.
TRUSTS AND TRUSTEES – Power of Court to approve amendments to the terms of charitable trusts – Proposed amendments deal with the appointment and qualification of trustees; the term of office of trustees; the quorum, voting power and procedures of the trustees; the retention and accumulation of income; the remuneration of trustees; the incorporation of a custodian company; and the removal of redundant provisions – Trustee Act 1958 (Vic) s 63, Charities Act 1978 (Vic) s 7L – Supreme Court (General Civil Procedure) Rules 2005 (Vic) r 54.02.
PRIVATE INTERNATIONAL LAW – Jurisdiction – Proper Law – Construction and interpretation – Distributions from charitable trust made to Queensland charities, but trust administered in Victoria by trustees resident in Victoria.
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| APPEARANCES: | Counsel | Solicitors |
| The First, Second and Thirdnamed Plaintiffs | Mr R M Garratt QC, with Mr W F Rimmer | Cornwall Stodart |
| The Defendant | – | Mr R McInnes, Victorian Government Solicitor’s Office |
TABLE OF CONTENTS
Introduction and summary..................................................................................................... 1
Factual background................................................................................................................. 2
The Court’s power to grant the relief sought....................................................................... 4
The Court’s jurisdiction and the governing law of the Funds......................................... 4
Section 63 of the Trustee Act............................................................................................... 5
‘In the management or administration’ of property vested in trustees..................... 6
‘Expedient’.................................................................................................................... 7
Section 7L of the Charities Act............................................................................................ 8
Rule 54.02 of the Rules....................................................................................................... 9
First amendment: appointment and qualification of trustees......................................... 10
Second amendment: term of office of new trustees......................................................... 11
Third amendment: quorum, voting power and procedures of trustees.......................... 12
Fourth amendment: retention and accumulation of income............................................ 13
Fifth amendment: remuneration of trustees...................................................................... 14
Sixth amendment: incorporation of custodian company.................................................. 17
Consolidation of the terms of the trusts established by the Will.................................... 18
Proposed order....................................................................................................................... 19
HIS HONOUR:
Introduction and summary
This is an application under s 63 of the Trustee Act 1958 (Vic), s 7L of the Charities Act 1978 (Vic) and r 54.02 of the Supreme Court (General Civil Procedure) Rules 2005 (Vic) (‘Rules’) for…
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- Case
- [2010] VSC 525
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether it had the jurisdiction to approve the proposed amendments to the terms of the charitable trusts. The court had to consider the provisions of the Trustee Act 1958 (Vic) s 63, the Charities Act 1978 (Vic) s 7L, and the Supreme Court (General Civil Procedure) Rules 2005 (Vic) r 54.02. Additionally, the court needed to determine the proper law and its jurisdiction over the distribution of the charitable trust's income to charities in Queensland, while the trust was administered in Victoria by trustees resident in Victoria.
The court found that it had the jurisdiction to approve the trustees' application for amendments to the terms of the charitable trusts. The proposed amendments dealt with the appointment and qualification of trustees, the term of office, the quorum, voting power and procedures of the trustees, the retention and accumulation of income, the remuneration of trustees, the incorporation of a custodian company, and the removal of redundant provisions. The court concluded that the amendments were necessary to ensure the efficient administration of the trusts and would be in the best interests of the beneficiaries. Therefore, the court was of the opinion that the relief sought by the trustees should be granted and directed the parties to provide further information on the precise terms of the order to be made by the court.
No final orders were made in this excerpt, but the court directed the parties to provide further information on the precise terms of the order to be made by the court.
Orders
Orders of the court
I am of the opinion that the relief sought by the trustees should be granted, I will hear further from the parties on the precise terms of the order to be made by the Court.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.