QLDIn ForceAct
Trusts Act 1973
sec.30BCourt may take into account investment strategy etc. in action for breach of trust
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### sec.30B Court may take into account investment strategy etc. in action for breach of trust
In a proceeding against a trustee for a breach of trust in relation to a duty under this part relating to the trustee’s power of investment, the court may, when considering the question of the trustee’s liability, take into account the following matters—
the nature and purpose of the trust;
whether the trustee had regard to the matters set out in section 24 so far as they are appropriate to the circumstances of the trust;
whether the trust investments have been made under an investment strategy formulated in accordance with the duty of a trustee under this part;
the extent the trustee acted on the independent and impartial advice of a person competent, or apparently competent, to give the advice.
s 30B ins 1999 No. 69 s 5
- (a) the nature and purpose of the trust;
- (b) whether the trustee had regard to the matters set out in section 24 so far as they are appropriate to the circumstances of the trust;
- (c) whether the trust investments have been made under an investment strategy formulated in accordance with the duty of a trustee under this part;
- (d) the extent the trustee acted on the independent and impartial advice of a person competent, or apparently competent, to give the advice.