Re Owies Family Trust

In the matter of the Owies Family Trust, the parties involved were the trustees and beneficiaries of the trust. The dispute concerned the validity of resolutions to amend the trust deed, the proper exercise of the trustees' discretion in distributing income, the potential removal of the trustees, and the removal of the established guardian and appointor of the trust. The matter was heard in the Supreme Court of Victoria.

The court was required to determine several key legal issues. Firstly, whether the trustees had the power to vary the identity of the guardian and appointor of the trust by deed. Secondly, whether the trustees had properly exercised their discretion to distribute income to the beneficiaries. Thirdly, whether the trustees should be removed from their position due to breaches of trust. Lastly, whether the court had the jurisdiction to remove the guardian and appointor of the trust.

The court held that the trustees did not have the power to vary the identity of the guardian and appointor of the trust by deed. The specific terms of the trust deed did not permit such a variation, and the court found that the trustees had not properly exercised their discretion in distributing income to the beneficiaries in certain instances. However, the court was not satisfied that the trustees would fail to act impartially, and therefore, they should not be removed from their position. Additionally, the court did not have jurisdiction to remove the guardian and appointor of the trust as they are considered fiduciaries.

The final orders of the court were that the trustees were not permitted to vary the identity of the guardian and appointor of the trust by deed, and they had failed to properly exercise their discretion in distributing income to the beneficiaries on certain occasions. The trustees were not to be removed from their position, and the court did not have jurisdiction to remove the guardian and appointor of the trust.