A group proceeding alleging breach of trustee duties by superannuation fund trustees is not excluded from Part 4A of the Supreme Court Act 1986 (Vic) by s 33B(2)(b)(ii), because such a proceeding is about the trustees' duties and liabilities, not about trust property. The exclusionary provision requires that trust property be the direct subject matter of the proceeding. A superannuation fund member's interest prior to a benefit becoming payable is best described as 'prospective' rather than 'contingent', and members have equitable proprietary interests in the fund sufficient to support standing to bring claims against the trustee. The question of whether existing members suffer 'loss or damage' for the purposes of s 55(3) of the SIS Act before their entitlement crystallises was left open for determination at trial.
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