Legislation

The administration of trusts is subject to the Trustee Acts in each State or Territory and in the case of superannuation trusts the administration is also subject to Commonwealth legislation.

Australian Trustee legislation has been derived from Imperial enactments, the more notable including:

  • 13 & 14 Vic c. 60 (The Trustee Act, 1850)
  • 51 & 52 Vic c. 59 (The Trustee Act, 1888)
  • 56 & 57 Vic c. 53 (The Trustee Act 1893)
  • 15 & 16 Geo 5 c. 19 (The Trustee Act 1925)

  • The statutory power of the court to appoint new trustees was derived from Section 34 of the Settled Land Act 1925 (UK)

    The power of the court to relieve a trustee of a personal liability for a personal breach of trust was derived from Section 3 of the Judicial Trustees Act 1896 (UK).