Julia Farr Services (Trusts) Act 2007

The purposes for which property the subject of a testamentary disposition or trust referred to in section 5 is to be applied under a trust may be varied by application under this section in the following circumstances:

if the original purposes, in whole or in part, cannot be carried out according to any directions given and to the spirit of the gift that has been made or the trust that has been created;

if it is not reasonably practicable having regard to changes in circumstances that have taken place since the constitution of any relevant trust to apply the property in accordance with the original purposes;

if the original purposes, in whole or in part, have ceased to provide a suitable and effective method of using the property.

An application for a variation of the terms of a trust under this section must be made by JFA in a manner and form determined by the Attorney‑General.

Notice of an application for variation of the terms of a trust under this section must be given as the Attorney‑General directs.

The Attorney‑General may refer an application to the Supreme Court if the application raises questions that should, in the Attorney‑General's opinion, be decided by the Court.

If the Attorney‑General or the Supreme Court (as the case requires) is satisfied that the variation of the terms of a trust—

accords, as far as reasonably practicable, with the spirit of the trust; and

is justified in the circumstances of the particular case, the Attorney‑General or the Court may approve the variation and the trust as varied prevails over any inconsistent provisions of a relevant instrument or declaration of trust.

The reasonable costs of an application under this section are payable at the direction of the Attorney‑General from the property in question.

In the case of an application decided by the Attorney‑General, the costs—

are to be fixed by the Attorney‑General; and

may include costs payable to the Crown to defray the cost of investigating and deciding the application; and

may be recovered as a debt.

The Attorney‑General must keep available for public inspection a register of approvals given under this section.

For the purposes of this section—

a reference to the original purposes of a trust will be construed after taking into account the operation of section 5, and this section will otherwise operate subject to any provision made under that section; and

a reference to the original purposes of a trust will be construed after taking into account any other variations made by or under the operation of any other Act or law, including by or under the terms of any declaration made by a court.

This section will expire on the designated date.