Re Dove Family Trust

The Dove Family Trust, represented by its trustee, brought an application to the Supreme Court of Victoria seeking a declaration that the trust was validly constituted under a copy of the original trust deed, which was missing a page. The dispute arose due to the loss of the original trust deed, leaving only a copy in the hands of the trustee. The respondent, who claimed an interest in the trust property, argued that the trust was invalid due to the missing page in the trust deed.

The court was tasked with determining whether the trust was validly constituted under the copy of the trust deed and whether declaratory relief was appropriate under the circumstances. The court considered the principles of trust law and the relevance of the missing page to the validity of the trust. The court also examined the applicability of r 54.02 of the Supreme Court (General Civil Procedure) Rules 2015, which provides for the giving of judicial advice in cases where declaratory relief is not appropriate.

After examining the evidence and legal arguments presented, the court concluded that the trust was validly constituted under the copy of the trust deed, despite the missing page. The court held that the missing page did not affect the validity of the trust, as the remaining pages of the trust deed clearly set out the terms of the trust. The court also found that declaratory relief was not appropriate in this case, as the matter was more suitable for judicial advice. The court referred to the cases of Sutton v NRS(J) Pty Ltd and Re Cleeve Group Pty Ltd to support its reasoning.

The court ordered that the trustee be given judicial advice on the administration of the trust in accordance with the copy of the trust deed. The court also ordered that the respondent be given notice of the application and the court’s decision. The court did not grant declaratory relief, as it was not considered appropriate in the circumstances.