Western Australian Current Acts Western Australian Current Acts (1) In the
administration of any trust property any trustee may act, to the extent in
this section provided, with an advisory trustee or advisory trustees.
(2) An advisory
trustee or advisory trustees may be appointed in respect of all or any part of
the trust property —
(a) by
the testator, settlor or other creator of the trust, in the instrument
creating the trust; or
(b) by
order of the Court made on the application of any beneficiary or trustee or of
any person on whose application the Court would have power to appoint a new
trustee; or
(c) by
any person having power to appoint a new trustee.
(3) Where a trustee
acts with an advisory trustee or advisory trustees, the trust property shall
be vested in the firstmentioned trustee (in this section referred to as the
responsible trustee ), who shall have the sole management and administration
of the estate and its trusts as fully and effectually as if he were the sole
trustee, and in any such case —
(a) the
responsible trustee may consult the advisory trustees on any matter relating
to the trusts or the estate; and
(b) the
advisory trustees may advise the responsible trustee on any matter relating to
the trusts or the estate, but shall not be trustees in respect of the trust;
and
(c)
where any advice or direction is tendered or given by the advisory trustees,
the responsible trustee may follow and act on that advice or direction without
being liable for anything done or omitted by him by reason of his following
that advice or direction; and
(d)
where the responsible trustee is of opinion that any advice or direction of an
advisory trustee conflicts with the trusts or any rule of law, or exposes him
to any liability, or is otherwise objectionable, he may apply to the Court for
directions in the matter, and any decision and order therein shall be final
and shall bind the responsible trustee and the advisory trustee, and the Court
may make such order as to costs as appears proper; but nothing in this section
makes it necessary for the responsible trustee to apply to the Court for any
such directions; and
(e)
where advisory trustees are not unanimous, and tender to the responsible
trustee conflicting advice or directions, the responsible trustee may apply to
the Court for directions in like manner and with like effect as provided by
paragraph (d).
(4) A person dealing
with the responsible trustee in relation to any trust property shall not be
concerned to inquire as to the concurrence or otherwise of the advisory
trustees or be affected by notice of the fact that the advisory trustees have
not concurred.
(5) Subject to the
provisions of the instrument (if any) creating the trust and to any order made
by the Court, where remuneration is payable to the trustee of any trust
property, remuneration or commission may be paid to both the responsible
trustee and the advisory trustees, and subject as aforesaid the amount thereof
shall be —
(a) as
regards the responsible trustee, where the responsible trustee is the Public
Trustee, as prescribed under the Public Trustee Act 1941 ; and
(b) in
any other case, as may be determined by the responsible trustee if he is
entitled to fix his own remuneration or by the Court.