South Australian Current Acts

TRUSTEE ACT 1936 - SECT 36

36—Power of the Court to appoint new trustee

        (1)         The Supreme Court may, on the application of a person referred to in subsection (1c), make—

            (a)         an order removing one or more of the trustees of a trust; or

            (b)         an order replacing one or more of the trustees of a trust; or

            (c)         an order appointing a trustee or trustees, or an additional trustee or trustees, of a trust; or

            (d)         any other order that in its opinion is necessary or desirable.

        (1a)         The Court may make the order if it is satisfied that the order is desirable—

            (a)         in the interests of the persons (whether identified or not) who are to benefit from the trust; or

            (b)         to advance the purposes of the trust.

        (1b)         There is no need for the Court to find any fault or inadequacy on the part of the existing trustees before making an order under this section.

        (1c)         The following persons may apply for an order under this section:

            (a)         the Attorney-General; or

            (b)         a trustee of the trust; or

            (c)         a beneficiary of the trust; or

            (d)         in the case of a trust established wholly or partly for charitable purposes the following persons may apply for an order in addition to those referred to in the other paragraphs of this subsection:

                  (i)         a person who is named in the instrument establishing the trust as a person who is entitled to, or may, receive money or other property for the purposes of the trust; or

                  (ii)         a person who is named in the instrument establishing the trust as a person who must, or may, be consulted by the trustees before distributing or applying money or other property for the purposes of the trust; or

                  (iii)         a person who in the past has received money or other property from the trustees for the purposes of the trust; or

                  (iv)         a person of a class that the trust is intended to benefit; or

            (e)         any other person who satisfies the Court that he or she has a proper interest in the trust.

        (2)         An order under this section, and any consequential vesting order or conveyance shall not operate further or otherwise as a discharge to any former or continuing trustee than an appointment of new trustees under any power for that purpose contained in any instrument would have operated.

        (3)         Nothing in this section shall give power to appoint an executor or administrator.