Three de facto corporate Trustees

The original Trust Deed and genuine Deeds of Variation have been criminally concealed by three purported Trustees who were never lawfully appointed to the office of trustee.

These are purported trustees who took it upon themselves to intermeddle with the fairs of an occupational pension trust established on the 23 December 1913.

A purported trustee who has not been lawfully appointed to the office of trustee, yet who assumes the office of trustee is known as a “de facto trustee” or a Trustee de son tort.

More information on a Trustee de son tort can be found here. here

De Facto Trustees

It is important to note that from 23 December 1913 to 20 December 1982, over a period of seven decades, the occupational pension trust was administered by lawfully appointed natural person trustees who were resident in South Australia so as to comply with the provisions of the Trustee Act 1936 (SA).

These provisions existed to make it convenient for trustees to seek advice and directions form the Supreme Court of South Australia if they had difficulty interpreting the terms of the trust or needed advice on how to administer the trust in the best interests of the beneficiaries.

The “de facto trustees” listed above have all been resident in Victoria.

Reinstating a De-Registered Company.

The corporate Trustee that replaced five natural person trustees on 20 December 1982, Elders Superannuation Ltd, was de-registered after CCSL Ltd was installed as a purported Trustee. However the Directors of this company do not escape liability just because the company was de-registered.

The court can make an order to reinstate a company upon being satisfied that the company should be reinstated. The court may also make an order validating acts between de-registration and reinstatement, and any other order it considers appropriate: Refer to Section 601AH(3) of the Corporations Act 2001.

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This tab updated on 22 March 2015