Civil Liability Act 2002

Despite any Act or other law or instrument (including any trust deed), the trustees of an associated trust of an unincorporated organisation may do one or more of the following:consent to be appointed by the organisation as a proper defendant; supply any information about the trust that may be required under this Division, including identifying the financial position of the trust; apply trust property to satisfy any liability incurred by the trustee as a proper defendant in child abuse proceedings.

Any liability of a trustee incurred by the trustee as a proper defendant in child abuse proceedings is limited to the value of the trust property.

The satisfaction of any liability incurred by a trustee of an associated trust as a proper defendant in child abuse proceedings is a proper expense for which the trustee may be indemnified out of the trust property, irrespective of any limitation on any right of indemnity that a trustee may have.

A trustee of an associated trust is not liable for a breach of trust only because of doing anything authorised by this section.

The provisions of this section are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of the Corporations legislation generally.

In this section – liability incurred by a trustee as a proper defendant in child abuse proceedings includes any unpaid judgment debt arising from the proceedings, any amount paid in settlement of the proceedings and any costs associated with the proceedings.