Deed of Variation – 3 October 1961

Details of Deeds of Variation - 3 Oct 1961

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

  • Philip Albert Martin McBride
  • Alexander John Melrose
  • Frederick Lloyd Dumas
  • Tom Elder Barr Smith
  • Ian Richard McTaggart
  • Alfred Moxon Simpson
  • John Neil McEwin
  • Henry Norman Giles

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

  • Frederick Lloyd Dumas
  • Tom Elder Barr Smith
  • John Neil McEwin
  • Henry Norman Giles
  • Leslie Pearce

  • Sir Frederick Lloyd Dumas was the second Chairman of the Advertiser Newspapers Limited, the publisher of The Advertiser in Adelaide.

    Sir Frederick Lloyd Dumas replaced James Frederick Downer as a Director and Trustee on his death.

    Recitals

    The original Trust Deed is recited:

    “WHEREAS by a Deed dated the twenty third day of December one thousand nine hundred and thirteen (herinafter referred to as “the principal Deed:) …….”

    The name of the Fund is recited:

    …the name of the Fund has been changed to “The Provident Fund“”.

    WHEREAS by

    The consolidation Deed of Variation that repealed the previous Regulations is recited:

    “AND WHEREAS by Deed dated the 6th day of May 1958 the principal Deed was further varied and altered and the Regulations governing the Fund were consolidated and amended and the regulations governing the Fund were repealed and new Regulations were prescribed and such new Regulations (hereinafter referred to as “the Regulations”) are set forth in a schedule to the said last-mentioned Deed..”

    The Elder Smith & Co Limited Provident Funds Act 1963 (SA) is recited.

    The Power of Amendment {Regulation 50} is recited.

    Drafting Solicitors

    The drafting solicitors were:

    Finlayson & Co of Adelaide


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

    1961-10-03 – Deed of Variation


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