Fiduciary Administration Services Pty Ltd as trustee for the Yugunga-Nya People's Trust v Attorney General of Western Australia

[2026] WASC 38

Supreme Court of Western Australia

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Catchwords

1. Trusts
2. › Trustees
3. › Charitable trust
4. › Judicial advice and directions
5. › Application by trustee for directions
6. › Whether trustee justified in accepting election of advisory committee members despite failure to achieve quorum at community meeting
7. › Charitable Trusts Act 2022 (WA), s 44(2)(d)(i)
8. › Trustees Act 1962 (WA), s 92

Quick Take

A court may direct that a trustee of a charitable trust is justified in accepting the election of advisory committee members at a community meeting that fails to achieve the required quorum, where the trustee has taken all reasonable steps to secure a quorum and a validly constituted committee is essential to the trust's operation.

Case Details

Citation[2026] WASC 38

CourtWASC

JurisdictionWestern Australia

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Relies on8

2024Equity Trustees Wealth Services Limited in Its Capacity as Trustee for the Noongar Charitable Trust v The Attorney General of Western AustraliaWASC 324
2024Aa as Executor of the Estate of Bb v XxWASC 39
2018Blatchford v LaineWASC 207
2017Abbott Trustee Services Pty Ltd as Trustee for the Kariyarra People's Trust v Attorney General of Western AustraliaWASC 117
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