Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The Supreme Court may, on application by a relevant person or on its own initiative, make 1 or more of the following orders in relation to a trust:
(a) an order removing a trustee;
(b) an order replacing a trustee;
(c) an order appointing a trustee, or an additional trustee.
Note Words in the singular number include words in the plural (see Legislation Act
, s 145).
(2) The Supreme Court may make any other order in relation to the trust the court considers appropriate.
(3) The Supreme Court may make an order under this section only if satisfied the order is appropriate—
(a) in the interests of the people (whether or not identified) who are to benefit from the trust; or
(b) to advance a purpose of the trust.
(4) The Supreme Court need not find a fault or inadequacy on the part of a trustee before making an order under this section.
(5) Each of the following is a relevant person to make an application under subsection (1) in relation to a trust:
(a) the Attorney-General;
(c) a beneficiary of the trust;
(d) for a trust established completely or partly for charitable purposes—
(i) a person named in the instrument establishing the trust as someone who must, or may, be consulted before the distribution or use of property (including money) for the purposes of the trust; or
(ii) a person who has received property (including money) from the trustees for the purposes of the trust; or
(iii) a person in a class of people the trust is intended to benefit;
(e) a person who satisfies the Supreme Court that the person has a relevant interest in the trust.
(6) An order under this section, and any consequential vesting order or conveyance, does not operate further or otherwise as a discharge to a former or continuing trustee than an appointment of new trustees under a power for that purpose in an instrument would have operated.
(7) This section does not give the Supreme Court a power to appoint an executor or administrator.