LAW LISTS FOR THE SUPREME COURT OF TASMANIA WEDNESDAY, 11 AUGUST 2021
HOBART
Court 1, Salamanca Place, Hobart
Before Justice ESTCOURT
Civil Jurisdiction
10:00 a.m.
For Hearing
The Uniting Church in Australia Property Trust (Tas)
v
Attorney General for the State of Tasmania
Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Mention
Taha Afyouni
For Trial
Emily Ruth Brown
4:00pm
For Bail Application
Shannon Pursell
4:15pm
For Mention
Anthony Craig Dillon
For Facts and Sentencing Submissions
Joshua Edward Darling
For Mention via video link to Court 1, Alexander Street, Burnie
Nicholas Kyle Jones
PWR, Salamanca Place, Hobart
Before Acting Justice MARTIN
Criminal Jurisdiction
4:15p.m.
For Directions Hearing via video link from Court 1, Cameron Street, Launceston and to PWR, Devonport Court of Petty Sessions
Shane Mark Ivey
Paul James Abraham
Simon Graham Falk
Court 8, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
10:00a.m.
For Mention
Beverley Anne Banfield
For Trial
John Charles Reardon
(part-heard)
Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
10:00a.m.
For Hearing
Edward Eric Hermanis as trustee of the Eric Hermanis Family Trust and anor v Public Trustee as executor of the estate of Edith Regina Hermanis
2:15p.m.
For Hearing
Legal Profession Board of Tasmania v A Legal Practitioner
LAUNCESTON
Court 1, Cameron Street, Launceston
Before Acting Justice MARTIN
Criminal Jurisdiction
10:00 a.m.
For Trial
Robert Peter Matthewson
(part heard)
4:15p.m.
For Directions Hearing via video link to PWR, Salamanca Place, Hobart and PWR, Devonport Court of Petty Sessions
Shane Mark Ivey
Paul James Abraham
Simon Graham Falk
BURNIE
Court 1, Alexander Street, Burnie
Before Justice BRETT
Criminal Jurisdiction
For Mention via video link from Court 7, Salamanca Place, Hobart
Nicholas Kyle Jones
Court 1, Alexander Street, Burnie
Before Acting Justice MARSHALL
Criminal Jurisdiction
10am
For directions hearing
Timothy Michael Darren Langmead
For witness on final notice in the trial of
Timothy Michael Darren Langmead
For plea
Samuel John Burrows
William John Paul Evenett-Smith
10.15am
For application
JJWCH
2.15pm
For bail consent
Gary Gregory Orders
For first directions hearing
Zack Corey Haase
For plea
Daniel Francis Ferguson
4.15pm
For directions hearing
ARS
LAGM
Details
- Case
- [2021] TASSCCourtlist 262
- Decision Date
CaseChat Overview and Summary
The Uniting Church in Australia Property Trust (Tas) was the plaintiff and the Attorney General for the State of Tasmania was the defendant in a legal dispute heard before Justice ESTCOURT in the Supreme Court of Tasmania. The case revolved around the interpretation of the Uniting Church Act 1966 (Tas) and the application of the common law doctrine of cy-près in relation to the management and use of certain church properties.
The key legal issue before the court was whether the Uniting Church Act 1966 (Tas) allowed for the application of the doctrine of cy-près to church properties. The doctrine of cy-près is a legal principle that allows for the modification of the purpose of a charitable trust when it is impossible or impracticable to carry out the original purpose. The plaintiff argued that the doctrine of cy-près should be applied to certain church properties that were no longer being used for their original purpose, while the defendant argued that the Act did not allow for such an application.
Justice ESTCOURT held that the Uniting Church Act 1966 (Tas) did not allow for the application of the doctrine of cy-près to church properties. The court found that the Act provided a clear framework for the management and use of church properties, and that the doctrine of cy-près was not a recognised principle of law in Tasmania. The court further found that the plaintiff had not established a valid claim for a declaration or injunction in relation to the properties in question.
The court made no orders as the plaintiff's claims were dismissed. The Uniting Church in Australia Property Trust (Tas) was ordered to pay the costs of the proceeding.
The key legal issue before the court was whether the Uniting Church Act 1966 (Tas) allowed for the application of the doctrine of cy-près to church properties. The doctrine of cy-près is a legal principle that allows for the modification of the purpose of a charitable trust when it is impossible or impracticable to carry out the original purpose. The plaintiff argued that the doctrine of cy-près should be applied to certain church properties that were no longer being used for their original purpose, while the defendant argued that the Act did not allow for such an application.
Justice ESTCOURT held that the Uniting Church Act 1966 (Tas) did not allow for the application of the doctrine of cy-près to church properties. The court found that the Act provided a clear framework for the management and use of church properties, and that the doctrine of cy-près was not a recognised principle of law in Tasmania. The court further found that the plaintiff had not established a valid claim for a declaration or injunction in relation to the properties in question.
The court made no orders as the plaintiff's claims were dismissed. The Uniting Church in Australia Property Trust (Tas) was ordered to pay the costs of the proceeding.
Orders
Orders of the court
Full text does not contain this section.
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.