Re: In the matter of the Evangelista Family Trust

The case of Evangelista Family Trust involved the applicant, who is the trustee of a discretionary trust established by the family, seeking to amend the vesting date of the trust from 8 April 2025 to 8 April 2055. The application was made under section 94 of the Trusts Act 1973 (Qld). All potential beneficiaries, except for one infant beneficiary, consented to the amendment. The court had to determine whether the change in the vesting date was in the best interest of the infant beneficiary, whether the vesting date could be altered under the statute, and whether such a change was part of the management or administration of the trust. Additionally, the court had to interpret the term "expedient" in the context of section 94 of the Trusts Act 1973 (Qld).

The legal issues that arose from the application were multifaceted. The court had to ascertain whether the modification of the vesting date was in the best interest of the infant beneficiary, considering that all other beneficiaries, including those who would be affected by the change, had given their consent. The court also needed to examine if the alteration of the vesting date fell within the purview of section 94 of the Trusts Act 1973 (Qld), and whether it constituted a part of the management or administration of the trust. Furthermore, the meaning of "expedient" needed to be interpreted in the context of the statute to determine if the amendment was justified.

The court ruled in favour of the applicant, determining that the amendment to the vesting date was in the best interest of the infant beneficiary, given the consent of all other beneficiaries. The court found that the alteration was within the management or administration of the trust and therefore fell under section 94 of the Trusts Act 1973 (Qld). The term "expedient" was interpreted to mean beneficial or advantageous, and the court concluded that the amendment was indeed expedient for the trust. Consequently, the applicant was authorised to change the vesting date as requested.

The final orders of the court empowered and authorised the applicant to amend the vesting date of the Evangelista Family Trust to 8 April 2055. Additionally, the court ordered that the applicant's costs of the application be paid from the trust's assets on an indemnity basis. This decision provided clarity on the interpretation of "expedient" and the scope of the trustee's powers under section 94 of the Trusts Act 1973 (Qld) in the context of discretionary trusts.