Victorian Legislation and Parliamentary Documentsi
Version No. 001
Janet Clarke Hall Act 1961
Act No. 6752/1961
Version incorporating amendments as at 8 August 2000
TABLE OF PROVISIONS
Section Page
Short title 2
Provision directing transfer of land and certain trust funds to
Janet Clarke Hall 3
Gifts etc. for Janet Clarke Hall and Trinity College 4
Saving with respect to transfers and payments made pursuant to
this Act 6
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ENDNOTES 7
General Information 7
Table of Amendments 8
Explanatory Details 9
Victorian Legislation and Parliamentary Documents1
Version No. 001
Janet Clarke Hall Act 1961
Act No. 6752/1961
Version incorporating amendments as at 8 August 2000
An Act to make Provision with respect to the Incorporation of
Janet Clarke Hall and the Transfer thereto of Certain Property
and Funds, and for other purposes.
Preamble
WHEREAS Trinity College is a college affiliated
to the University of Melbourne:
AND WHEREAS the land upon which Trinity
College is erected and which is used in connexion
therewith being an area of ten acres and twelve
perches or thereabouts and being the land
comprised in Crown grant entered in the register
book of the Office of Titles, volume 464 column
92719, (hereinafter called the "Trinity College
land") and certain property and various trust funds
established from time to time in connexion with
Trinity College are vested in a corporation with the
name of "The Trinity College (Melbourne) Trusts
Corporation" formed and registered as a limited
company under the Companies Act 1915:
AND WHEREAS Janet Clarke Hall is that part of
Trinity College which is devoted to women
students:
AND WHEREAS in view of the increase of the
number of students at Trinity College it is
expedient that Janet Clarke Hall should be
separated from Trinity College and should be
established as a separate women's residential
college affiliated to the University of Melbourne:
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AND WHEREAS for that purpose it is proposed
that a corporation, to be called "Janet Clarke Hall",
should be incorporated pursuant to the Companies
Act 1958 as a company limited by guarantee and
that the affairs of Janet Clarke Hall should be
managed by a Council constituted as provided in
the Articles of Association of the said company:
AND WHEREAS it is expedient that The Trinity
College (Melbourne) Trusts Corporation should
transfer to Janet Clarke Hall when so incorporated
the appropriate part of the Trinity College land and
certain of the trust funds hereinbefore referred to
and should be further empowered to transfer to
Janet Clarke Hall other property moneys and
securities vested in the said corporation:
AND WHEREAS the Council of the University of
Melbourne has resolved, upon the incorporation of
Janet Clarke Hall and upon the transfer thereto of
the land and trust funds hereinbefore mentioned, to
take the necessary steps for the affiliation of Janet
Clarke Hall to the University:
AND WHEREAS it is expedient that further
provision be made in respect of the application of
certain trust funds and the effect of certain
donations gifts trusts and bequests as hereinafter
provided:
BE IT THEREFORE ENACTED by the Queen's Most
Excellent Majesty by and with the advice and consent of the
Legislative Council and the Legislative Assembly of Victoria
in this present Parliament assembled and by the authority of
the same as follows (that is to say):
Section 1 - Janet Clarke Hall Act 1961 - Janet Clarke Hall Act 1961 | Zoe
Short title
This Act may be cited as the Janet Clarke Hall
Act 1961.
s. 1
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Janet Clarke Hall Act 1961
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2. Provision directing transfer of land and certain
trust funds to Janet Clarke Hall
(1) As soon as practicable after the incorporation of
Janet Clarke Hall as a company limited by
guarantee The Trinity College (Melbourne) Trusts
Corporation—
(a) shall, notwithstanding anything to the
contrary in any Act or enactment or the
terms of any trust, transfer to Janet Clarke
Hall, in consideration of the provisions of
this Act, a part (not exceeding two acres) of
the hereinbefore recited Trinity College land;
and
(b) shall, notwithstanding anything to the
contrary in any law or in the terms of any
trust, transfer to Janet Clarke Hall, in
consideration of the provisions of this Act,
all the moneys and securities held by the said
corporation as belonging to or forming part
of any of the following trust funds, namely:
The Florence Hawdon Chambers Fund
The F. C. Stanbridge Fund
The Sarah Stock Fund
The Mrs. L. L. Lewis Fund
The Grace Maudsley Prize Fund
The Annie Ruth Grice Fund.
(2) In addition The Trinity College (Melbourne)
Trusts Corporation may, notwithstanding anything
to the contrary in any law or the terms of any
trust, transfer to Janet Clarke Hall any other
property money or securities vested in it.
s. 2
S. 2(3)
repealed by
No. 9281 s. 13.
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3. Gifts etc. for Janet Clarke Hall and Trinity College
(1) A donation, gift, disposition or trust of real or
personal property made or declared, whether by
deed or otherwise, before the 1st day of January,
1974 (whether before or after the commencement
of this Act) and a bequest, disposition or trust of
real or personal property, under a will, codicil or
other testamentary disposition made before that
date (whether before or after that commencement
and whether or not the testator died before that
date or commencement)—
(a) insofar as it specifically relates solely to
women staff or students at or in connexion
with Trinity College (however expressed),
shall take effect, unless it is expressed that it
refers to women staff or students at both
Trinity College and Janet Clarke Hall, as if a
reference in it to Trinity College were a
reference to Janet Clarke Hall; and
(b) insofar as it creates a trust fund vested or to
be vested in The Trinity College
(Melbourne) Trusts Corporation (or in any
other trustee or trustees) for the purpose of
providing a bursary, scholarship, prize or
other emolument or benefit capable of being
awarded either to a man or to a woman at or
in connexion with Trinity College shall take
effect in relation to both Trinity College and
Janet Clarke Hall.
(2) Trinity College may, wherever necessary or
appropriate to give effect to the provisions of sub-
section (1), make proper payments to, or in
relation to, Janet Clarke Hall.
(3) Any dispute between Trinity College and Janet
Clarke Hall as to the interpretation or operation of
this section or of any corresponding previous
enactment that cannot be resolved by agreement
S. 3
substituted by
No. 9281 s. 13.
s. 3
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between Trinity College and Janet Clarke Hall
may be referred by the Council of Trinity College
or the Council of Janet Clarke Hall after giving
not less than one month's notice in writing to the
other Council, or may be so referred by both the
Council of Trinity College and the Council of
Janet Clarke Hall, to the Council of the University
of Melbourne.
(4) Where a dispute is referred under sub-section (3)
to the Council of the University of Melbourne,
that Council shall appoint a single arbitrator to
adjudicate upon and settle the dispute and the
arbitrator shall proceed under and in accordance
with the Arbitration Act 1958 except that the
costs and expenses of the arbitration shall be
borne by Trinity College and Janet Clarke Hall in
equal shares.
(5) Nothing in this section invalidates or otherwise
affects any award payment transfer or other
transaction relating to a bursary scholarship prize
or other emolument or benefit under or pursuant
to a donation gift disposition or trust of property
referred to in sub-section (1) which has been made
or effected before the date of commencement of
the Trinity College Act 1979.
(6) Subject to this section, a donation gift disposition
or trust of real or personal property made or
declared whether by deed or otherwise (whether
before or after the commencement of the Trinity
College Act 1979) and a bequest disposition or
trust of real or personal property under a will,
codicil or other testamentary disposition (whether
made before or after that commencement and
whether or not the testator died before that
commencement) for the benefit of Trinity College,
howsoever described, or its purposes or for the
benefit of any staff or student of Trinity College
or for the benefit of men or women staff or
s. 3
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students at Trinity College or for the benefit of
both men and women staff or students at Trinity
College, however expressed, shall take effect
according to its tenor in relation to Trinity College
alone.
4. Saving with respect to transfers and payments made
pursuant to this Act
Any transfer of land or other property or transfer
or payment of money or securities made by The
Trinity College (Melbourne) Trusts Corporation to
or in relation to Janet Clarke Hall pursuant to and
in accordance with any provision of this Act
directing or authorizing such transfer or payment
shall not be deemed a contravention of any Act or
law or to be in breach of any trust, and no person
shall be in any manner liable in relation to any
transfer or payment so made.
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s. 4
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ENDNOTES
General Information
The Janet Clarke Hall Act 1961 was assented to on 18 April 1961 and came
into operation on 18 April 1961.
Endnotes
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Janet Clarke Hall Act 1961
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2. Table of Amendments
This Version incorporates amendments made to the Janet Clarke Hall Act
1961 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Trinity College Act 1979, No. 9281/1979
Assent Date: 10.7.79
Commencement Date: 1.9.79: Government Gazette 29.8.79 p. 2679
Current State: All of Act in operation
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Endnotes
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3. Explanatory Details
No entries at date of publication.
Endnotes