Deed of Variation – 7 October 1931

Details of Deeds of Variation 7 Oct 31


Execution of the Deed of Variation

The Directors of the sponsoring Employer who exercised the Power of Amendment were:

  • Tom Elder Barr Smith – Director
  • James Frederick Downer – Director
  • Joseph King Samuel – Director
  • Robert Thomas Melrose – Director
  • John Richard Baker – Director
  • Sir William Lennon Raws – Director
  • Ernest Lee Steere – Director
  • Walter James Young – Managing Director

  • The natural person Trustees resident in the State of South Australia who assented to the proposed amendments to the terms of the trust were:

  • Joseph King Samuel
  • James Frederick Downer
  • John Richard Baker
  • John Henry Hammond

  • Biography

    Tom Elder Barr Smith is the son of Robert Barr Smith, the co-founder of Elder Smith & Co Limited. He replaced Peter Waite as Chairman in 1921. Peter Waite had made a personal contribution of £10,000 to establish The Provident Fund as did his father Robert Barr Smith

    More details on Tom Elder Barr Smith (1869-1941) can be found here.

    James Frederick Downer was the eldest son of Sir John Downer who drafted the original Trust Deed.

    James Frederick Downer was also the first Chairman of the Advertiser Newspapers Limited, the publisher of The Advertiser in Adelaide.

    More details on James Frederick Downer (1874-1942) can be found here.

    Sir William Lennon Raws by 1935 he was a director of eighteen Australian companies and in 1939 became a director of Broken Hill Proprietary Co. Ltd.

    More details on Sir William Lennon Raws (1878-1958) can be found here.

    In 1887 Walter James Young joined Elder Smith & Co., Adelaide. He made his first overseas tour for Elders in 1897, to England, America and Japan. Rising steadily, he became the firm’s assistant manager (1906), general manager (1912) and managing director (1929).

    Sir Ernest Lee Steere was a Western Australian Pastoralist and businessman.

    More details on Sir Ernest Lee Steere (1866-1957) can be found here.

    More details on Sir Walter James Young (1872-1940) can be found here.

    Recitals

    The original Trust Deed is recited:

    “…do by this deed make the following provisions in addition to and the following alterations in the provisions of the deed dated the twenty third day of December One thousand nine hundred and thirteen…..”

    The name of the Fund is recited:

    The Provident and Guarantee Fund”

    The Power of Amendment {Regulation 28} is recited.

    Drafting Solicitors

    The drafting solicitors were:

    Magarey, Finlayson, May & Astley of Adelaide


    A copy of this Deed of Variation can be found on the following link:

    1931-10-07 – Deed of Variation


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