{"id":"lady-kintore-cottages-act-1920","name":"Lady Kintore Cottages Act 1920","slug":"lady-kintore-cottages-act-1920","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105649,"registerId":"sa-lady-kintore-cottages-act-1920-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Lady Kintore Cottages Act 1920","content":"South Australia\nLady Kintore Cottages Act 1920\nAn Act to make provision for the transfer of certain real and personal property from the Lady Kintore Cottages, Incorporated, to the Adelaide Benevolent and Strangers' Friend Society, Incorporated, and for other purposes.\n\nContents\nPreamble\n1\tShort title\n2\tTransfer of trust property\n3\tTrusts of property\n4\tRelease of present trustees\n5\tMode of transferring real property\n6\tTransfer exempt from stamp duty\n7\tChange in corporate structure of Society—references\nThe Schedule\nLegislative history\n\n\nPreamble\n\tWhereas in a certain Declaration of Trust, dated the twentieth day of December, eighteen hundred and ninety-four, and executed by James Marshall, of Rundle Street, Adelaide, in the State of South Australia, draper; David Murray, then of Gawler Place, Adelaide aforesaid, merchant, but since deceased; and Frederick William Bullock, of Adelaide aforesaid, land agent, it was recited (inter alia) that certain hereditaments and premises therein described and the cottages thereon were purchased with funds subscribed by various donors as a means of providing cheap homes for indigent widows and deserted wives and their families: And whereas the said hereditaments and premises were vested in the said James Marshall, David Murray, and Frederick William Bullock in fee simple: And whereas the said James Marshall, David Murray, and Frederick William Bullock did, by the said Declaration of Trust, testify and declare that they held the said hereditaments and premises upon trust for an association (now incorporated under the provisions of the Associations Incorporation Act 1890, under the name of \"The Lady Kintore Cottages, Incorporated\") comprising the donors of the said funds, formed for the purpose of providing homes for indigent widows and deserted wives and their families in the said State, and for no other purpose or intent whatsoever, but subject, nevertheless, to the rules thereunder written: And whereas the said rules provide that the said cottages and all business connected therewith are to be under the management of a committee constituted in the manner provided by the said rules: And whereas the said rules further provide that the said committee shall be elected annually by the subscribers to the said fund up to the date of the said Declaration of Trust who have subscribed a sum of not less than One Pound and One Shilling, and by all future subscribers who subscribe not less than such sum at the annual general meeting of the association: And whereas the said rules further provide that no person shall be entitled to vote or be present at any meeting of subscribers unless his or her subscription for the current year is paid: And whereas no person has subscribed or donated the sum of One Pound and One Shilling or any larger sum during the period of fifteen years or thereabouts prior to the passing of this Act: And whereas, therefore, there is no person in existence entitled to vote or be present at any meeting of the association, and no committee of the association: And whereas the said Declaration of Trust provides that if the said James Marshall, David Murray and Frederick William Bullock or any of them should happen to die or cease to reside in this State or decline or refuse or become unwilling or incapable to act in the execution of the trusts thereby declared it should be lawful for the committee referred to in the said rules to appoint any other person or persons to be a trustee or trustees under the said Declaration of Trust: And whereas the said James Marshall and Frederick William Bullock, the surviving trustees of the association, are desirous of being discharged of and from the trusts declared by the said Declaration of Trust, but, because there is no committee in existence, there is no means of appointing a new trustee or trustees: And whereas the hereditaments and premises hereinbefore referred to have been sold in exercise of the powers in that behalf contained in the said Declaration of Trust, and the property at present subject to the said trusts consists of the real property and moneys mentioned in the Schedule hereto: And whereas it is desirable that the charitable purpose for which the said trusts were declared should not fail, but should be carried on by an association having objects similar in whole or in part to the objects of the Lady Kintore Cottages, Incorporated:\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Lady Kintore Cottages Act 1920.\n2—Transfer of trust property\n\t(1)\tAll the estate, right, title, and interest of the said James Marshall and Frederick William Bullock and of the Lady Kintore Cottages, Incorporated, in the real property and moneys mentioned in the Schedule are hereby transferred and assigned to and vested in The Adelaide Benevolent and Strangers' Friend Society, Incorporated, an association duly incorporated under the provisions of the Associations Incorporation Act 1890 (hereinafter referred to as the Society).\n\t(2)\tFrom the passing of this Act the account in the Savings Bank of South Australia to the credit of which the said moneys stand may, subject to the provisions of this Act, be operated upon in the same manner and by the same persons as in the case of other moneys belonging to the Society.\n3—Trusts of property\n\t(1)\tSuch real property and moneys shall be held by the Society upon trust to use the same for the purpose of—\n\t(a)\tadministering relief and providing affordable housing and other assistance to sick or disadvantaged people in the State; and\n\t(b)\tundertaking all such things or activities which are necessary, incidental or conducive to the advancement of the purpose referred to in paragraph (a).\nIf such real property is at any time sold under the power to sell conferred by the rules of the Society, such other real property as is purchased in substitution therefor shall be held on the same trust.\n\t(2)\tSubject to the provisions of subsection (1) of this section, such real property and moneys shall be managed and dealt with in all respects according to the rules of the Society.\n4—Release of present trustees\nUpon the passing of this Act the said James Marshall and Frederick William Bullock shall be absolutely released and discharged from the trusts and obligations imposed upon them by the said Declaration of Trust, and from all future liability in respect thereof.\n5—Mode of transferring real property\n\t(1)\tNotwithstanding the provisions of the Real Property Act 1886, or any other Act, the Registrar-General of Deeds shall, upon the production to him of the duplicate certificate of title to the real property described in the Schedule, enter a memorial on the appropriate folium in the Register Book, and upon the said duplicate certificate, that all the estate and interest of the Lady Kintore Cottages, Incorporated, in the land therein comprised is, pursuant to the provisions of this Act, transferred to the Adelaide Benevolent and Strangers' Friend Society, Incorporated.\n\t(2)\tWhen such memorial has been made, the said duplicate certificate of title shall be delivered to the secretary for the time being of the Society.\n6—Transfer exempt from stamp duty\nNotwithstanding anything contained in the Stamp Acts 1886 to 1919, no stamp duty shall be chargeable in respect of the transfer effected by this Act of the real property described in the Schedule.\n7—Change in corporate structure of Society—references\nIf the Society becomes registered as a company limited by guarantee under the Corporations Act 2001 of the Commonwealth, or transfers the whole of its assets and undertaking to such a company—\n\t(a)\tall references in this Act to the Adelaide Benevolent and Strangers' Friend Society Incorporated and to the Society will be taken to be references to the relevant company; and\n\t(b)\tall references in this Act to the Society's rules will be taken to be references to the relevant company's constitution.\nThe Schedule\nSection 2\nReal property\nPart town acre No. 621, situated in the City of Adelaide, and being the whole of the land comprised in Certificate of Title, Register Book volume 688, folio 171, together with all buildings and erections thereon.\nMoney\nThe sum of Two Hundred and Seventy-one Pounds in the Savings Bank of South Australia; or such other sum as may at the time of the passing of this Act be standing to the credit of the Lady Kintore Cottages, Incorporated, in the said Bank.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1920\n1430\nLady Kintore Cottages Act 1920 \n18.11.1920\n18.11.1920\n2014\n7\nLady Kintore Cottages (Trust Property) Amendment Act 2014\n31.7.2014\n28.8.2014 (Gazette 28.8.2014 p4157)\nProvisions amended\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\ns 3\n\n\ns 3(1)\namended by 7/2014 s 4\n28.8.2014\ns 7\ninserted by 7/2014 s 5\n28.8.2014\nTransitional etc provisions associated with Act or amendments\nLady Kintore Cottages (Trust Property) Amendment Act 2014, Sch 1—Transitional provisions\n1—Preliminary\nIn this Schedule—\nSociety means the Adelaide Benevolent and Strangers' Friend Society, Incorporated.\n2—Validation of acts of Society\nDespite section 3 of the Lady Kintore Cottages Act 1920 as in force immediately before the commencement of this Act—\n\t(a)\tthe exercise or purported exercise of a power by the Society in relation to the provision of money, property or any other benefit; and\n\t(b)\tthe provision or purported provision of money, property or any other benefit,\nbefore the commencement of this Act for the purpose of administering relief or providing affordable housing and other assistance to sick or disadvantaged people in the State—\n\t(c)\thas the same force and effect as if the relevant exercise of the power or provision of money, property or other benefit had occurred after the commencement of this Act; and\n\t(d)\tmust be taken to be, and always to have been, an exercise or a provision for a valid and lawful purpose of the trust in accordance with the rules of the Society.\n3—Immunity from liability for breach of trust\nDespite section 3 of the Lady Kintore Cottages Act 1920 as in force immediately before the commencement of this Act, no liability attaches to a person for breach of trust by virtue of—\n\t(a)\tthe exercise or purported exercise of a power by the Society in relation to the provision of money, property or any other benefit; or\n\t(b)\tthe provision or purported provision of money, property or any other benefit,\nbefore the commencement of this Act, if the relevant exercise of the power or provision of money, property or other benefit was for the purpose of administering relief or providing affordable housing and other assistance to sick or disadvantaged people in the State.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1920 Act maintained the narrow charitable purpose of the 1894 trust: providing homes specifically for 'indigent widows and deserted wives and their families'. The 2014 amendment significantly broadened this scope to 'sick or disadvantaged people' generally, expanding the class of potential beneficiaries well beyond the original donor intent. While this reflects evolving social needs and prevents the trust from becoming obsolete, it represents a material expansion from the specific gendered and marital-status-based targeting of the original charitable purpose."},"complexity_factors":["Single purpose statute with straightforward narrative structure (7 operative sections plus preamble)","Minimal defined terms (only 'the Society' is explicitly defined in the interpretation sense)","Limited cross-referencing (only references to the Real Property Act 1886, Stamp Acts, and Corporations Act 2001)","Simple conditional logic (section 7 contains a basic 'if-then' structure for corporate conversion)","Historical preamble is lengthy but serves explanatory rather than operative function","2014 amendment adds validation and immunity provisions but these are clearly drafted with simple 'despite' constructions","No nested exceptions or complex temporal provisions"],"plain_english_summary":"**What this law does:**\n\nThis Act solves a practical problem with a charitable trust that had become unworkable. Back in 1894, three men set up a trust to provide cheap housing for poor widows and deserted wives in Adelaide, using money donated by subscribers. The trust owned cottages and land (the \"Lady Kintore Cottages\").\n\n**The problem:** By 1920, the trust had broken down. The original trustees wanted to retire, but the rules said only a committee could appoint new trustees—and no committee existed because nobody had donated the required subscription amount (one pound and one shilling) for about 15 years. The charitable purpose was at risk of failing.\n\n**The solution:** This Act steps in to:\n- **Transfer** all the trust property (land in Adelaide plus £271 in the bank) to a similar, functioning charity—the Adelaide Benevolent and Strangers' Friend Society\n- **Release** the original trustees from their duties so they can retire\n- **Set new rules** for how the money and property must be used: helping sick or disadvantaged people with affordable housing and relief\n- **Make the transfer easy** by bypassing normal property registration requirements and exempting it from stamp duty (a tax on property transfers)\n\n**2014 update:** The Act was amended in 2014 to:\n- Broaden the purpose from just \"indigent widows and deserted wives\" to \"sick or disadvantaged people\" generally\n- Validate actions the Society had already taken under the broader purpose (protecting them from legal challenge)\n- Add a mechanism so if the Society becomes a company or transfers to one, the law still works\n\n**Who it affects:**\n- The Adelaide Benevolent and Strangers' Friend Society (now the trustee and beneficiary)\n- People in South Australia who need affordable housing or relief (the intended beneficiaries)\n- Historically: the original trustees who needed to retire\n\n**Why it matters:**\nWithout this law, a charitable gift made in 1894 would have been stuck in legal limbo—unable to help anyone because the administrative structure had collapsed. The Act preserves the donor's original charitable intent while updating it for changing social needs."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the text of the legislation was not available for review. The retrieved content consists entirely of website navigation elements and an error message, not legislative provisions."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without the actual content of the Act","Score of 1 reflects absence of data, not simplicity of the underlying legislation"],"plain_english_summary":"This 1920 South Australian Act appears to concern the Lady Kintore Cottages — a charitable housing institution — and likely governs the management, property and administration of that benevolent trust. It would matter to the cottages’ trustees, residents or successors in title, and anyone dealing with the institution’s governance or property rights, but the actual text is unavailable so the precise legal effect cannot be confirmed."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act’s scope was amended in 2014: section 3(1) was revised to state the trust purpose as administering relief and providing affordable housing and other assistance to sick or disadvantaged people (s.3(1)); section 7 was inserted to treat references to the Society as references to a successor company limited by guarantee (s.7); and the Amendment Act’s Schedule validates past exercises of powers and grants immunity from liability for prior acts done for those purposes. These amendments clarify and broaden operational and corporate succession arrangements and validate past conduct under the trust."},"complexity_factors":["Statutory transfer of trust assets from one incorporated association to another (s.2) — straightforward property/assignment operation.","Redefined trust purpose and governance: property held by recipient Society 'upon trust' to provide relief and affordable housing, and to be managed according to the Society's rules (s.3(1)–(2)) — requires alignment of activities with trust purpose and rule compliance.","Absolute release of original trustees from liability on transfer (s.4) — legal effect terminating past/future trustee exposure.","Procedural override for land title entry by Registrar-General irrespective of Real Property Act technicalities (s.5) — creates a non-standard titling route to effect transfer.","Stamp duty exemption for this specific transfer (s.6) — fiscal consequence limiting transaction cost.","Provision for corporate succession: statutory references treated as references to a successor company limited by guarantee (s.7) — affects continuity of obligations on corporate restructure.","2014 amendments and transitional Schedule validating prior acts and providing immunity for past exercises of power (Legislative history; Sch) — introduces retroactive validation and liability immunity, which raises interpretive and implementation considerations."],"plain_english_summary":"This Act transfers a specified parcel of land and bank funds from the Lady Kintore Cottages Incorporated to the Adelaide Benevolent and Strangers' Friend Society Incorporated, vests them on trust to deliver relief and affordable housing to sick or disadvantaged people, releases the original trustees from future liability, and exempts the transfer from stamp duty. It also sets how the land title is updated and allows the Society’s internal rules (or a successor company’s constitution) to govern management of the trust property."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/lady-kintore-cottages-act-1920","history":"/api/acts/lady-kintore-cottages-act-1920/history","analysis":"/api/acts/lady-kintore-cottages-act-1920/analysis","conflicts":"/api/acts/lady-kintore-cottages-act-1920/conflicts","importantCases":"/api/acts/lady-kintore-cottages-act-1920/important-cases","documents":"/api/acts/lady-kintore-cottages-act-1920/documents"}}