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Australian Company Law - Essay Example

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This paper contains the answer to the next assignment: Your managing partner has handed you the decision of The Congregation of the Religious Sisters of Charity of Australia & Ors v The Attorney General in and for the State of Queensland. …
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Australian Company Law
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Download file to see previous pages In the case of The Congregation of the Religious Sisters of Charity of Australia & Ors v The Attorney General in and for the State of Queensland [2011] QSC 100 , the Bedford Trust was a gift of land made by Mary Josephine Bedford in February 1952 to the Religious Sisters of Charity of Australia for the purpose of building of a hospice for the “sick and dying who are poor”, to be called Mount Olivet Hospice. It was also to be built to commemorate the life and work of Dr. Lillian Cooper.

2. What terms of the trust were not being fulfilled?

- The evidence establishes that the terms of the trust are not presently being fulfilled in two substantial respects. First, the Mount Olivet Hospital now does not only provide palliative care but more general care. Secondly, admission is not restricted to those who are “poor”.

3. What was the applicant seeking from the Court?

- The applicants sought Declarations concerning the purpose and structure of the Bedford
Trust, Orders under s 106 of the Trusts Act 1973 and Orders relieving the applicants from liability for breaches of the Bedford Trust.

4. What breaches of the Bedford Trust had occurred?

- No funds were transferred when the trust was settled, and the Congregation became responsible for meeting the costs of both building and operating the hospice on the land which had been donated by Miss Bedford. 5. Were the terms of the trust altered? Explain - Section 105 of the Trusts Act provides: “105 Occasions for applying property cy pres (1) Subject to subsection (2), the circumstances in which the original purposes of a charitable trust can be altered to allow the property given or part of it to be applied cy pres shall be as follows— (a) where the original purposes, in whole or in part— (i) have been as far as may be fulfilled; or (ii) can not be carried out; or (iii) can not be carried out according to the directions given and to the spirit of the trust; (b) where the original purposes provide a use for part only of the property available by virtue of the trust; (c) where the property available by virtue of the trust and other property applicable for similar purposes can be more effectively used in conjunction, and to that end can suitably, regard being had to the spirit of the trust, be made applicable to common purposes; (d) where the original purposes were laid down by reference to an area which then was but has since ceased to be a unit for some other purpose, or by reference to a class of persons or to an area which has for any reason since ceased to be suitable, regard being had to the spirit of the trust, or to be practical in administering the trust; (e) where the original purposes, in whole or in part, have, since they were laid down— (i) been adequately provided for by other means; or (ii) ceased, as being useless or harmful to the community or for other reasons, to be in law charitable; or (iii) ceased in any other way to provide a suitable and effective method of using the property available by virtue of the trust, regard being had to the spirit of the trust. (2) Subsection (1) shall not affect the conditions which must be satisfied in order that property given for charitable purposes may be applied cy pres, except in so far as those conditions require a failure of the original purposes. (3) References in subsections (1) and (2) to the original purposes of a trust shall be construed, where the application of the property given ...Download file to see next pagesRead More
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