Where a trustee seeks directions that it is justified in not commencing legal proceedings, the absence of a legal opinion from counsel is not fatal to the application, provided the trustee has taken reasonable preliminary steps including investigations and cost-benefit analysis. The factors relevant to such directions include prospects of success, irrecoverable costs relative to potential recovery, obstacles to establishing liability, and the means of the prospective defendant. For charitable trusts involving Aboriginal communities, work done in furtherance of native title interests is likely to fall within charitable objects of 'promotion and protection of Aboriginal culture'.
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