Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In civil proceedings for a contravention of subsection 54B(1) in relation to a covenant set out in paragraph 52(2)(c), it is presumed that a trustee did not perform the trustee's duties and exercise the trustee's powers in the best financial interests of beneficiaries, unless the trustee adduces evidence to the contrary.
(a) a trustee wishes to adduce evidence to the contrary--the trustee bears an evidential burden in relation to the matter; and
(b) in the case that evidence to the contrary is so adduced--the
Regulator must prove, on the balance of probabilities, that the trustee did
not perform the trustee's duties and exercise the trustee's powers in
the best financial interests of beneficiaries.