Re Trusts of Kean Memorial Trust Fund

The case of Re Trusts of Kean Memorial Trust Fund involved the trustees of the Kean Memorial Trust Fund, who sought orders to clarify their powers and duties under the will of the deceased, Eileen Margaret Kean. The case was heard in the Supreme Court of South Australia. The trustees sought various orders to clarify and expand their powers in administering the trust fund established by the deceased’s will, which was intended for the benefit of St Joseph’s Parish School in Richmond.

The court was required to determine whether the trustees had the authority to delegate certain of their powers, particularly in relation to the acquisition and management of properties within the trust’s designated zones. Additionally, the court needed to address whether the trustees could be relieved of the obligation to maintain confidentiality regarding the trust’s details. The court also had to consider whether the trustees should incorporate under the Associations Incorporation Act, and how this might affect their powers and responsibilities.

The court found that it was appropriate to grant the trustees certain powers of delegation, subject to their consideration of incorporating under the Associations Incorporation Act. The court proposed to hear further submissions from the parties on this matter. Regarding the obligation of confidentiality, the court indicated it was inclined to relieve the trustees from this obligation but sought further input on the precise terms of such relief. The court also agreed to grant orders for the acquisition and management of properties within the designated zones, pending further input on whether these orders should apply to all properties within the zones. Finally, the court declined to grant certain orders that would have allowed the trustees to undertake specific actions outside the scope of the trust’s original intentions.

The court made orders under s 59B of the relevant Act to allow the trustees to acquire and manage properties within the designated zones, subject to further input on extending these powers to all properties within the zones. The court also granted relief from the obligation of confidentiality, pending further input on the terms of such relief. Orders were made to grant certain powers of delegation, subject to the trustees’ consideration of incorporation under the Associations Incorporation Act. Certain other orders were declined as they were found to be outside the scope of the trust’s original intentions.