Victorian Current Acts Victorian Current ActsSECOND SCHEDULE
Preamble, section 2
THIS TRUST DEED is made the twenty-fourth day of November One thousand nine
hundred and fifty-eight BETWEEN SIR GEORGE WILLIAM FREDERICK HOLLAND of 1A
Albert-street East Malvern in the State of Victoria Public Official GEORGE
BURRIDGE LEITH of 7 Toorak-avenue Toorak in the said State Architect
GODFREY CAREW HAWKER of 209 William-street Melbourne in the said State
Merchant NORMAN STANLEY OSBORNE of 201 Gower-street Preston in the said State
Municipal Employee JACK HAMILTON PHILLIPS of 58 Queens-road Melbourne
aforesaid Gentleman JOHN FARRAR SUTTON of 37 Rotherwood-road Ivanhoe in the
said State Railway Employee CHARLES HOLLY McKAY of "St. Marnocks" Beaufort in
the said State Grazier and WILLIAM JOHN KILPATRICK of 8 Hopetoun-road Toorak
aforesaid Company Director of the first part the said SIR GEORGE WILLIAM
FREDERICK HOLLAND the said NORMAN STANLEY OSBORNE the said JOHN FARRAR SUTTON
NORMAN DAVID WILSON of 7 Bennett-parade East Kew in the said State Librarian
and the said CHARLES HOLLY McKAY of the second part and the said SIR GEORGE
WILLIAM FREDERICK HOLLAND the said GEORGE BURRIDGE LEITH the said GODFREY
CAREW HAWKER the said NORMAN STANLEY OSBORNE the said JACK HAMILTON PHILLIPS
the said JOHN FARRAR SUTTON the said CHARLES HOLLY McKAY the said WILLIAM JOHN
KILPATRICK NEIL WALFORD of 342 Flinders-street Melbourne aforesaid
Chartered Accountant (Aust.) FRANCIS JAMES ERIC GYNGELL of 20 Burns-street
Elwood in the said State JOHN FINCH AKEROYD of 442 Nepean Highway Frankston in
the said State Medical Practitioner DONALD HORSLEY FOWLER of 7 Dundas-street
Frankston aforesaid Radio Technician COLIN HENRY KEON-COHEN of 472
Bourke-street, Melbourne, aforesaid Solicitor NOEL LANCETER RAWSON of 6
Harfleur-avenue Beaumaris in the said State Trust Officer and CUTHBERT OSWALD
HARRY of 7A Westminster-street Balwyn in the said State Civil Servant, of
the third part:
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WHEREAS the parties hereto of the first part are possessed of the freehold properties particulars of which are set out in the first part of the Schedule hereunder written which are held by them upon trust and subject to the powers contained in a certain Declaration of Trust dated the Twelfth day of August One thousand nine hundred and thirty-seven under the hands and seals of George William Frederick Holland Claudius Sanderson Norman Stanley Osborne Major-General Sir Cyril Brudenell Bingham White George Burridge Leith Francis Plumley Derham Godfrey Carew Hawker Douglas Oswald Luke Kitto and Brigadier-General John Patrick McGlinn to provide homes for veterans of the Great War of 1914–1918 who are in necessitous circumstances:
AND WHEREAS the parties hereto of the second part are possessed of the freehold properties particulars of which are set out in the second part of the Schedule hereunder written and which are held by them as Trustees of the Victorian Branch of the Returned Sailors' Soldiers' and Airmen's Imperial League of Australia and are used for purposes analogous to the trusts of the said Declaration of Trust of the 12th day of August 1937:
AND WHEREAS the parties hereto of the first and second parts are desirous of
transferring the control of the said properties to the parties hereto of the
third part to be vested in and held by them upon the trusts and subject to the
powers hereinafter in these presents contained:
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AND WHEREAS subject to this Deed being approved by Act of the Parliament of the State of Victoria the parties hereto of the third part have agreed to accept the control of the said freehold properties and have consented to act as the first Trustees for the purposes of this Deed and to join therein for the purpose of establishing the same and declaring the trusts and conditions thereof:
NOW THIS DEED WITNESSETH and it is hereby declared as follows:
In this Deed unless the context otherwise requires the following words and expression shall have the following meanings—
"the Trust Fund" means and includes the freehold properties particulars of which are set out in the Schedule hereunder written and all other real and personal property (including moneys) from time to time held by or on account of the Trustees for the purposes of the trusts herein declared and the investments for the time being representing the same and the income arising from such investments;
"the Trustees" means the Trustees for the time being of this Deed;
"a Veteran" shall be any person who having been appointed enlisted or enrolled in any service of or service auxiliary to the Naval Military or Air Forces of the Commonwealth of Australia the United Kingdom of Great Britain and Northern Ireland or any other part of the Queen's Dominions and having served in a theatre of war or operational area in any war or warlike operation in which Her Majesty or any of her predecessors or (as the case may be) successors or the Commonwealth of Australia has at any time been or may hereafter be engaged and who being aged is in the opinion of the Trustees a person for whom accommodation should be made available notwithstanding such person shall be in receipt of a War Pension, Service Pension, Age Pension, Invalid Pension or any other pension;
"a service pension" shall be a service pension as defined in Division 5 of the Australian Soldiers' Repatriation Act of the Commonwealth of Australia;
"League" means the Victorian Branch of the Returned Sailors' Soldiers' and Airmen's Imperial League of Australia;
"the Council" means the Council or other the general committee from time to time of the League.
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The name of the Trust shall be "The R.S.L. War Veterans' Homes Trust of Victoria".
The number of Trustees of this Deed shall be not less than fifteen of whom five may be appointed by the Council. The said John Finch Akeroyd Donald Horsley Fowler Colin Henry Keon-Cohen Noel Lanceter Rawson and Cuthbert Oswald Harry shall be the first Trustees appointed by the Council. In addition to the Trustees appointed by the Council the President and the Honorary Treasurer for the time being of the League shall be ex officio trustees but shall ipso facto cease to be trustees on their ceasing to hold those respective offices.
The Trustees shall hold the Trust fund—
(a) upon trust to purchase take on lease or otherwise acquire lands buildings and other improvements and to erect any such buildings and improvements as the Trustees in their absolute discretion may think proper and to use such lands buildings and improvements for the purpose of providing homes and hospital and other accommodation for or otherwise for the benefit of veterans in the following order of priority, that is to say, firstly, for veterans of the Great War 1914–1918, secondly for veterans of prior wars, and thirdly for veterans of subsequent wars, and subject thereto and at the discretion of the Trustees for the wives widows and other dependents of such veterans;
(b) upon trust to purchase or otherwise acquire furniture and other articles of domestic household hospital garden or recreational use and to equip any such lands or buildings with the same;
(c) upon trust to maintain support and provide benefits for or to assist in the maintenance support and the provision of benefits for veterans accommodated or desiring to be accommodated in any property owned or controlled by the Trustees whether by direct financial help or by such other means whatsoever as the Trustees shall from time to time think fit.
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Should the number of veterans seeking accommodation in the homes be insufficient in the opinion of the Trustees to enable vacancies from time to time to be filled the Trustees may in their absolute discretion permit all or such or such parts of the buildings aforesaid as they may think fit to be used by such deserving persons as they may choose until such time as veterans shall seek or offer themselves as applicants for accommodation and the Trustees' decision as to who shall so occupy the buildings in such case shall be final.
The Trustees may let all or any of the lands and buildings aforesaid or any parts thereof or lease the same or allow the same to be permissively occupied with or without rent or other payment or otherwise for such period or periods and on such terms and conditions as the Trustees having regard to the circumstances of the particular case may decide and the Trustee may re-enter or resume possession of any building or portion thereof so let leased or occupied when and as they may think fit in their absolute discretion.
Notwithstanding anything to the contrary in this deed contained (whether expressly or by implication) the Trustees shall have full and absolute power and discretion (which power and discretion may be exercised at any time and from time to time) to postpone for such period whether of years or otherwise as they may deem fit the resumption of possession of any building or portion of a building which is occupied by the widow or other dependent of a veteran who died whilst in occupancy of such building or part.
The Trustees shall have the power when and as they may think fit to sell all or any part of the Trust Fund; and for this purpose they shall have all the powers conferred by law on trustees holding property upon trust for sale.
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All moneys forming part of the Trust Fund and any further moneys received either by the Trustees or any of them or the Secretary or other officer of the Trust on behalf of the Trust shall forthwith be paid to the credit of the Trustees at the Bank of the Trust and such moneys forming part of the Trust Fund as shall not be immediately required for the purchase or acquisition of land or the erection of buildings or otherwise for the purposes of the trust or for the expenses of the administration of the Trust may be invested by the Trustees in such investments as Trustees are allowed by law from time to time to make.
The lands and investments for the time being forming part of the Trust Fund may if the Trustees think fit be vested in three holding Trustees (who shall be appointed and be subject to removal by the Trustees but who need not themselves be Trustees of this Deed) or in a body corporate subject to such terms and conditions as the trustees may think proper. The said holding Trustees or (as the case may be) body corporate shall comply with any directions in writing given to them or it by the Trustees.
The Trustees shall have the following powers in relation to any land under their control and to the erection and maintenance of buildings and other improvements—
(a) to enter into contracts;
(b) to subdivide land;
(c) to buy or acquire all building material and other goods required for the erection maintenance and upkeep of such buildings and other improvements;
(d) to employ and remunerate architects surveyors engineers builders and all officers servants and workmen deemed necessary in connexion therewith;
(e) to alter repair extend pull down and re-erect existing buildings;
(f) to construct alter and maintain bowling greens and other recreational and therapeutic facilities;
(g) to make and contribute to making drains roads and other public or private utilities;
(h) to pay rates and taxes and effect insurances;
(i) generally to employ all such persons and do all such things as are necessary or expedient for the proper management and control care and maintenance of the land buildings and other improvements thereon and the domestic household garden and recreational furniture and effects forming part of the Trust Fund.
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The Trustees shall have the following general powers—
(a) to open and operate banking accounts and to determine the method by which cheques on their behalf shall be signed from time to time;
(b) to employ such officers and employees and to pay such salaries and wages as may be necessary;
(c) to make rules and regulations for the management of the Trust and for the occupation conduct and use of the homes buildings and improvements as aforesaid provided that no such rule or regulation shall be inconsistent with these presents;
(d) to borrow money and to authorize and empower the holding trustee or trustees to mortgage as security therefor the whole or any part of the Trust property and to sign seal and deliver and execute any mortgage lien or other document in connexion therewith and whether under the Transfer of Land Act or otherwise;
(e) to appeal to the public for donations and to organize collections after consultation with the League;
(f) to accept donations of moneys materials land or other property whether or not subject to any special conditions and to administer the same in accordance with any special conditions attaching to any donation provided the same shall be for the benefit of Veterans or other persons upon whom the trustees are entitled to confer benefits pursuant to this deed;
(g) to employ and remunerate all solicitors brokers estate agents and such other agents as the Trustees may deem necessary from time to time;
(h) to pay all costs expenses and outgoings of whatsoever nature incurred or to be incurred in or about the execution of the trusts hereof.
The Trustees shall have power from time to time and at any time to add to their number by the appointment of any other persons as Trustees but every such person shall be first approved by the Council.
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The following provisions shall govern all meeting of Trustees—
(a) Sir George William Frederick Holland shall be the first Chairman of the Trustees;
(b) subject to paragraph (a) hereof at their first meeting and upon the expiration of each successive period of twelve months thereafter the Trustees shall elect a Chairman and a Deputy Chairman who shall hold office for twelve months if they shall so long remain Trustees. In case the Chairman or Deputy Chairman so elected shall cease to be a Trustee or die then the Trustees at their next meeting shall elect a Chairman or Deputy Chairman who shall hold office until the expiration of the period of twelve months for which the Trustee so ceasing to be a Trustee or dying shall have been appointed. In case the Chairman and Deputy Chairman shall be absent from any meeting the Trustees present at such meeting shall elect one of their number to be the Acting Chairman for such meeting. The Chairman or Deputy or Acting Chairman at every meeting shall have a vote and if there be an equal division in the voting shall also have a casting vote;
(c) the decision of the majority of the Trustees or in case there shall be an equal division in the voting the casting vote of the Chairman present at any meeting shall bind the other trustees whether present or not and shall be as valid as if the Trustees had acted unanimously;
(d) ordinary meetings shall be convened at least six times in every year by seven days' notice in writing setting out the business to be transacted thereat and posted to the last known address of each Trustee or delivered to him personally;
(e) any one Trustee may require the Secretary or Chairman to convene a special meeting and same shall be convened within four days by notice posted or delivered as aforesaid;
(f) a minute book shall be kept of all meetings;
(g) the Trustees may from time to time determine the quorum necessary for the transaction of business and unless otherwise determined a majority of Trustees shall constitute a quorum.
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The Trustees shall appoint an Auditor whose duty it shall be to make an annual audit of all accounts of the Trust Fund and the administration thereof and who shall prepare and lay before the Trustees an annual statement of receipts and expenditure and a balance-sheet of the Trust Fund together with a report if he shall deem the same necessary.
Any person other than the said George William Frederick Holland subsequently appointed to be President of the League shall ex officio be and become a Trustee hereof during such time only as he shall be and remain President of the league as aforesaid.
Where any Trustee either original added or substituted and however appointed avails himself of any of the provisions of the Bankruptcy Acts for the time being in force for the relief of bankrupt debtors or is dead or remains out of Victoria for more than twelve months or desires to be discharged from all or any of the trusts or powers reposed in or conferred on him by this deed or refuses or is unfit to act therein or is incapable of acting therein or absents himself from three consecutive meetings of the Trustees without the consent of the Trustees and—
(a) in case such Trustee so absent retiring bankrupt or dead or refusing or being unfit or incapable shall have been one of the Trustees appointed by the Council then the Council within three months after receipt of notice in writing so to do from the Secretary of the Trust or should there be none from the remaining Trustees or one of them or from any person who shall represent the Trustees or any of them or at any time if no such notice shall have been given shall have the power at a duly convened and constituted meeting to declare vacant the office of such Trustee so absent retiring bankrupt dead refusing or being unfit or incapable and shall appoint such person as they shall think fit to be a new Trustee in his place;
(b) in any other case the surviving or continuing Trustees for the time being shall have power at any duly convened meeting to declare vacant the office of the Trustee so absent retiring bankrupt dead refusing or being unfit or incapable to act and subject as hereinafter provided shall thereupon within a reasonable time appoint such person as they think fit but who shall be first approved by the Council to be a new Trustee of the Trust provided always that where the number of the surviving or continuing trustees exceed twenty they may defer the appointment of such new Trustee during such time as they may think fit or indefinitely;
(c) every new Trustee appointed
shall enter into a deed whereby he shall agree to be bound by the covenants
terms and conditions of these presents.
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A Trustee shall not (except in the case of his own wilful default) incur any personal liability by reason of anything done or purported to be done under this deed and (save as aforesaid) each Trustee shall be indemnified out of the Trust Fund of which he is a Trustee in respect of all claims demands actions or damages arising out of or connected with any of his acts or omissions in relation to the said Trust Fund.
No persons making any purchase from or effecting any sale to or entering into any mortgage or having any other dealings whatsoever with the Trustees shall be concerned to enquire into the terms of the Trust or as to whether any acts or act of the Trustees was within such terms or not and no such person shall be affected by any constructive notice that any purchase sale mortgage or other act of the Trustees was not within their powers as hereinbefore set out.
The Trustees may appoint committees of management of any buildings consisting
of one or more of their number and such other persons (if any) as they may
think fit and may delegate to such committee all or any of the powers of the
Trustees with regard to the management of such buildings subject however to
such restrictions as they may think fit and may from time to time revoke
wholly or partially any such appointment or delegation.
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IN WITNESS whereof this Deed has been duly executed the day and year first before written.
THE SCHEDULE HEREINBEFORE REFERRED TO
FIRST PART
1. ALL THAT piece of land containing six acres and twelve perches or thereabouts being part of Crown Portion Fifty-three at Cheltenham Parish of Moorabbin County of Bourke and being the whole of the land more particularly described in Certificate of Title Volume 2296 Folio 063.
2. ALL THAT piece of land being part of Lots 8A and 8B on Plan of Subdivision No. 4750 lodged in the Office of Titles and being part of Crown Allotments Seven and Eight Section Four Parish of Frankston County of Mornington and being the whole of the land more particularly described in Certificate of Title Volume 7341 Folio 025 and Volume 7778 Folio 101.
3. ALL THAT piece of land containing two acres and fourteen perches or thereabouts being part of Lot 57 on Plan of Subdivision No. 5824 lodged in the Office of Titles and being part of Crown Portion Three Parish of Keelbundora County of Bourke and being the whole of the land more particularly described in Certificate of Title Volume 3794 Folio 749.
4. ALL THAT piece of land being Lot 11 on Plan of Subdivision No. 18024 lodged in the Office of Titles and being part of Crown Portion Three Parish of Keelbundora County of Bourke and being the whole of the land more particularly described in Certificate of Title Volume 7213 Folio 590.
SECOND PART
1. ALL THOSE pieces of land being Lots 37, 38 and
39 on Plan of Subdivision No. 11886 lodged in the Office of Titles and being
part of Crown Portion Two hundred and thirty-three at St. Kilda Parish of
Prahran County of Bourke and being the whole of the lands more particularly
described in Certificates of Title Volume 5261 Folio 147, 148 and 149.
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2. ALL THOSE pieces of land being part of Crown Portion Ninety-four Parish of Nepean County of Mornington and being the whole of the lands more particularly described in Certificates of Title Volume 2050 Folio 853 Volume 4125 Folio 941.
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