1The identity of the settlor of a trust is determined by the plain words of the trust deed as executed, not by the subjective intention or understanding of the person named; the question is 'what is the meaning of what the parties have said?' not 'what did the parties mean to say?', applying Byrnes v Kendle [2011] HCA 26.
2Where a trust deed expressly empowers a trustee to make contributions to a superannuation fund for the benefit of the beneficiary, the trustee is lawfully entitled to transfer trust funds into such a fund without first obtaining separate limited administrator authority to call for, receive and expend those funds.
3Court orders approving a settlement and directing payment out to a trustee pursuant to a trust deed do not themselves create the trust; the trust is created by the deed, and the orders recognise and facilitate its establishment.
