1
Short title
1 Short title
This Act may be cited as the Trusts (Hague Convention) Act 1991.
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Commonwealth act
The Act incorporates the Hague Convention on the law applicable to trusts and their recognition into Australian law, giving the Convention the force of law and binding the Crown and external Territories. It therefore changes choice‑of‑law and recognition rules for trusts with cross‑jurisdictional elements and makes courts and advisers apply the Convention text in federal cases.
It does not alter disputes that are solely between different States or Territories (unless those jurisdictions adopt the Convention), so it increases international uniformity but creates compliance and interpretive costs for trustees, beneficiaries and advisers.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Trusts (Hague Convention) Act 1991.
This Act may be cited as the Trusts (Hague Convention) Act 1991.
(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Convention enters into force for Australia. (2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which the Convention enters into force for Australia, it commences on the first day after the end of that period.
(1) In this Act:
Convention means the Convention on the law applicable to trusts and on their recognition, done at The Hague on 1 July 1985, a copy of the English text of which is set out in the Schedule.
(2) Unless the contrary intention appears, a word or expression has the same meaning in this Act as it has in the Convention.
This Act extends to the external Territories.
This Act binds the Crown in right of the Commonwealth, of each of the States of the Commonwealth, of the Australian Capital Territory and of the Northern Territory.
Subject to this Act, the provisions of the Convention have the force of law in Australia.
(1) This Act does not apply in relation to conflicts arising solely between laws of different States or Territories of the Commonwealth in respect of trusts. (2) Subsection (1) does not preclude or limit the application of a law of a State or Territory of the Commonwealth that applies the provisions of the Convention in relation to conflicts of the kinds referred to in that subsection.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Trusts (Hague Convention) Act 1991.
(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Convention enters into force for Australia. (2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which the Convention enters into force for Australia, it commences on the first day after the end of that period.
(1) In this Act:
Convention means the Convention on the law applicable to trusts and on their recognition, done at The Hague on 1 July 1985, a copy of the English text of which is set out in the Schedule.
(2) Unless the contrary intention appears, a word or expression has the same meaning in this Act as it has in the Convention.
This Act extends to the external Territories.
This Act binds the Crown in right of the Commonwealth, of each of the States of the Commonwealth, of the Australian Capital Territory and of the Northern Territory.
Subject to this Act, the provisions of the Convention have the force of law in Australia.
(1) This Act does not apply in relation to conflicts arising solely between laws of different States or Territories of the Commonwealth in respect of trusts. (2) Subsection (1) does not preclude or limit the application of a law of a State or Territory of the Commonwealth that applies the provisions of the Convention in relation to conflicts of the kinds referred to in that subsection.