Deed of Variation – 26 March 1940

Details of Deeds of Variation 26 Mar 1940

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
  • Robert Thomas Melrose – Director
  • John Richard Baker – Director
  • Philip Albert Martin McBride – 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:

  • 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.


    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:

    Finlayson, Mayo, Astley & Hayward of Adelaide.

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

    1940-03-26 – Deed of Variation

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