9Application of law of charitable trusts to SPF

#### 9 Application of law of charitable trusts to SPF 9 Application of law of charitable trusts to SPF > > (1) The [Charitable Trusts Act 1993](/view/html/inforce/current/act-1993-010) and the general law relating to charitable trusts apply to the SPF, subject to the following modifications— > > > > > (a) the Supreme Court may not, despite section 6 of the [Charitable Trusts Act 1993](/view/html/inforce/current/act-1993-010) or any other law, grant leave to any person (other than the SPF trustee or James Hardie Industries NV) to bring charitable trust proceedings or any other proceedings relating to the administration of the SPF, > > > > > (b) charitable trust proceedings or any other proceedings relating to the administration of the SPF may only be brought by— > > > > > > > (i) the Attorney General (whether with or without a relator), or > > > > > > > (ii) the SPF trustee or James Hardie Industries NV, but only with the leave of the Supreme Court under section 6 of the [Charitable Trusts Act 1993](/view/html/inforce/current/act-1993-010), > > > > > (c) for the purposes of determining whether the trust property of the SPF should be applied cy pres, it is to be presumed for all purposes that the only general charitable intention with which the trust property was given was for making or assisting the payment of compensation to personal asbestos claimants having claims against a liable entity, > > > > > (d) a scheme for the administration of the SPF under Part 4 of the [Charitable Trusts Act 1993](/view/html/inforce/current/act-1993-010) may be established subject to the following provisions— > > > > > > > (i) the scheme may only be established with the consent of the SPF trustee and James Hardie Industries NV, > > > > > > > (ii) section 14 of that Act does not operate to limit the circumstances in which such a scheme may be established, > > > > > > > (iii) section 18 of that Act does not enable a person other than the SPF trustee or James Hardie Industries NV to bring an appeal under that section. > > > (2) Accordingly, no court or other tribunal has any jurisdiction or power to entertain charitable trust proceedings or any other proceedings relating to the administration of the SPF, or to grant relief in any such proceedings, unless the proceedings have been brought as provided by subsection (1) (b) by the Attorney General (whether with or without a relator), the SPF trustee or James Hardie Industries NV. > > > (3) In this section, charitable trust proceedings has the same meaning as it has in Part 2 of the [Charitable Trusts Act 1993](/view/html/inforce/current/act-1993-010).