Re Free Serbian Orthodox Church-Diocese for Australia and New Zealand Property Trust

The application before the court involved the Free Serbian Orthodox Church-Diocese for Australia and New Zealand Property Trust. The trust sought judicial advice on whether its trustee would be justified in defending a claim brought under the Charitable Trusts Act 1993. The trust argued that the defence could be funded without recourse to trust property, and that the plaintiff in the main proceedings agreed that it was appropriate for the trustee to put on a defence. The Attorney General also regarded it as appropriate that the trustee put on a defence. The trust had obtained advice from Senior Counsel in respect of the proceedings.

The court was required to determine whether the trustee would be justified in defending the main proceedings. This involved considering whether the trustee would be acting in the best interests of the trust by funding the defence from sources other than trust property, and whether the plaintiff and the Attorney General considered it appropriate for the trustee to put on a defence. The court also needed to consider whether the advice of Senior Counsel was relevant to the decision.

The court found that the trustee would be justified in defending the main proceedings. It noted that the defence could be funded without recourse to trust property, and that both the plaintiff and the Attorney General considered it appropriate for the trustee to put on a defence. The court also found that the advice of Senior Counsel was relevant to the decision. The court concluded that the trustee would be acting in the best interests of the trust by putting on a defence, and that it would be justified in doing so.

The court made an order that the trustee would be justified in defending the main proceedings, and that it could fund the defence from sources other than trust property. The court also noted that the advice of Senior Counsel was relevant to the decision, and that both the plaintiff and the Attorney General considered it appropriate for the trustee to put on a defence.