War Veterans' Homes Trust Act 1959 (Victoria)

The War Veterans' Homes Trust Act 1959 (Vic) performs a single, targeted legal function: it gives statutory approval and validation to a deed of trust dated 24 November 1958 (set out in the Second Schedule) that consolidates and re‑vests specified freehold properties into a single trust called "The R.S.L. War Veterans' Homes Trust of Victoria" and declares the trusts on which those properties are to be held (s 2; Second Schedule). The Act also provides a short title (s 1). The preamble and the Second Schedule together recount the background facts: money originally raised by members of the Victorian Branch of the Returned Sailors' and Soldiers' Imperial League of Australia (now the Returned Sailors', Soldiers' and Airmen's Imperial League of Australia) had previously been used to buy land and erect homes for veterans; trustees who held those properties executed a new deed in 1958 to vest all of the relevant freehold properties in a larger, reconstituted body of trustees (Second Schedule, passim). Section 2 expressly validates that deed and the trusts it creates "notwithstanding anything in any Act or law or in any instrument or trust" and notwithstanding that the trusts may differ from prior trusts or that the trustees named in the deed are not the same as prior trustees.

Mechanically, the Act does three things:

Identifies and approves the 1958 deed as valid and effective lawfully to vest the freehold properties in the new trust and to give effect to the trusts declared by that deed (s 2; Second Schedule).
Records the terms of the trusts and the scope of trustee powers and governance in full by printing the original 1937 Declaration of Trust (First Schedule) and the 1958 Trust Deed (Second Schedule) as the schedules to the Act. Those schedules describe the trust fund, beneficiaries, trustees, property parcels, governance rules, audit requirements, powers to buy, sell, invest, mortgage, delegate and to administer the homes for veterans (Schs 1-2).

Victorian Legislation and Parliamentary Documentsi Version No. 001 War Veterans' Homes Trust Act 1959 Act No. 6538/1959 Version as at 3 March 2003 TABLE OF PROVISIONS Section Page

Short title 3
Validation of deed of trust set out in Second Schedule 3

SCHEDULES 4 SCHEDULE 1 4 SCHEDULE 2 14 ═══════════════ ENDNOTES 26

General Information 26
Table of Amendments 27
Explanatory Details 28

Victorian Legislation and Parliamentary Documents1 Version No. 001 War Veterans' Homes Trust Act 1959 Act No. 6538/1959 Version as at 3 March 2003 An Act to validate a certain Deed of Trust and the Trusts expressed therein for the Benefit of War Veterans Preamble WHEREAS by a deed of trust dated the twelfth day of August One thousand nine hundred and thirty- seven (a copy of which is set out in the First Schedule to this Act) certain persons named therein declared that they as trustees of the said deed or the trustees or trustee for the time being thereof would hold upon the trusts expressed in the said deed under the name of "The War Veterans' Homes Trust of Victoria" a trust fund consisting of certain money raised by members of the Victorian Branch of an unincorporated body, then known as "The Returned Sailors' and Soldiers' Imperial League of Australia" but now known as "The Returned Sailors' Soldiers' and Airmen's Imperial League of Australia" (hereinafter referred to as "the League"), and paid to the said persons immediately before the execution of the said deed or any other money lands property or assets that might thereafter come into the hands possession or control of the trustees of the deed for the purposes of the trusts thereof together with all resulting interest or income therefrom: AND WHEREAS the whole of the said trust fund has been invested by the trustees thereof pursuant to the said deed in the purchase or acquisition of certain freehold properties: AND WHEREAS the trustees of the Victorian Branch of the League hold as such trustees certain other freehold properties upon trusts analogous to the trusts expressed in the said deed:

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 2 AND WHEREAS the present trustees of the said deed and the trustees of the said Branch of the League being desirous of vesting all of the said freehold properties in a single body of trustees consisting of the persons who are the present trustees of the said deed, certain persons who are trustees of the said Branch of the League and certain other persons to be held upon trusts analogous to those expressed in the said deed and to those upon which the trustees of the said Branch of the League have hitherto held the freehold properties vested in them, have, with the approval of the said Branch of the League, executed a deed of trust dated the twenty- fourth day of November One thousand nine hundred and fifty-eight (a copy of which is set out in the Second Schedule to this Act) whereby the trustees thereof (subject to the approval of the deed by Act of the Parliament of Victoria) declare themselves to be trustees under the name of "The R.S.L. War Veterans' Homes Trust of Victoria" of a trust fund consisting of all of the freehold properties hereinbefore referred to which are described in the first and second parts of the schedule to the deed and all other real and personal property from time to time held by them for the purposes of the trusts declared in the deed and the investments for the time being representing the same and the income arising from such investments: AND WHEREAS it is expedient to approve and validate the said deed of trust dated the twenty- fourth day of November One thousand nine hundred and fifty-eight: 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): Preamble

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 3

Short title This Act may be cited as the War Veterans' Homes Trust Act 1959.
Validation of deed of trust set out in Second Schedule The hereinbefore recited deed of trust dated the twenty-fourth day of November One thousand nine hundred and fifty-eight and the trusts expressed therein shall notwithstanding anything in any Act or law or in any instrument or trust and notwithstanding that the said trusts may differ in certain respects from the hereinbefore recited trusts upon which the freehold properties described in the schedule to the said deed were previously held or that the trustees named therein are not the same trustees as the trustees who held the said freehold properties prior to the date of the said deed be and be deemed to be valid and shall take effect accordingly.

s. 1

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 4 SCHEDULES FIRST SCHEDULE TO ALL TO WHOM THESE PRESENTS SHALL COME we GEORGE WILLIAM FREDERICK HOLLAND of 387 Upper Heidelberg-road Ivanhoe Public Servant CLAUDIUS SANDERSON of 20 Queen's-road Oakleigh Public Servant NORMAN STANLEY OSBORNE of 201 Gower- street Preston Clerk MAJOR-GENERAL SIR CYRIL BRUDENELL BINGHAM WHITE, K.C.B., K.C.M.G., K.C.V.O., D.S.O., of 538 Collins- street Melbourne Pastoralist GEORGE BURRIDGE LEITH of the State Savings Bank 139 Elizabeth-street Melbourne Chief Architect FRANCIS PLUMLEY DERHAM of 394 Collins-street Melbourne Solicitor GODFREY CAREW HAWKER of 209 William-street Melbourne Merchant DOUGLAS OSWALD LUKE KITTO of 360 Collins-street Melbourne Company Director and BRIGADIER-GENERAL JOHN PATRICK McGLINN, C.M.G., C.B.E., V.D., of 26 Studley-avenue Kew Chairman of the Sir Samuel McCaughey A.I.F. Trust (hereinafter termed "the Trustees" which expressions shall include the said Trustees and the survivors or survivor of them and the heirs executors and administrators of such survivor or other the Trustees or Trustee for the time being of these presents) SEND GREETING: WHEREAS certain money amounting to the sun of One thousand five hundred and fifty pounds has been raised by members of the Victorian Branch of The Returned Sailors' and Soldiers' Imperial League of Australia an unincorporated body the office of which is situate at Anzac House Collins- street Melbourne: AND WHEREAS the said sum has been paid to the Trustees immediately prior to the execution hereof upon condition that the same shall be held by the Trustees upon the trusts and subject to the powers hereinafter contained: NOW KNOW YE that the Trustees DO HEREBY DECLARE as follows:

Name The name of the Trust shall be "THE WAR VETERANS' HOMES TRUST OF VICTORIA."
Definitions "the Trust Fund" shall be the said sum of One thousand five hundred and fifty pounds or any other money lands property or assets that may hereafter come into the hands possession or control of the Trustees for the purposes of the Trusts hereof together with all resulting interest or income therefrom; Preamble Sch. 1

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 5 "a Veteran" shall be a person who during the Great War of 1914–18 was— (a) a member of the Commonwealth Naval or Military Forces enlisted or appointed for active service outside Australia who actually left the Commonwealth of Australia whilst so enlisted or appointed; (b) employed on a ship of war; (c) a member of the Army Medical Corps Nursing Service who was accepted or appointed by the Director-General of Medical Services for service outside Australia and who so served; (d) a returned sailor or soldier of His Majesty's Forces other than the Australian Imperial Force who was on active service during the Great War 1914–18 in a theatre of war; (e) where the context so admits a returned soldier or sailor of other wars than the Great War similarly defined to those referred to in (a) (b) (c) and (d) of definition and who in all cases by reason of incapacity from age wounds illness or other causes is in the opinion of the Trustees in necessitous circumstances notwithstanding such person shall be in receipt of a War Pension, Service Pension, Old Age Pension, Invalid Pension or any other pension. "Theatre of War" shall be as defined in the Australian Soldiers' Repatriation Act of the Commonwealth of Australia; "a service pension" shall be a service pension as defined in Division 5 of the Australian Soldiers' Repatriation Act aforesaid; "League" means the Victorian Branch of the Returned Sailors' and Soldiers' Imperial League of Australia; "Council" means the Council or other the general committee from time to time of the League. Sch. 1

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 6 3. Power to acquire land and build homes The Trustees shall hold the Trust Fund— (a) UPON TRUST therewith to purchase or otherwise acquire vacant land (so far as the Trust Fund shall not consist of land or building materials) and erect houses or groups of houses thereon and on any vacant land forming part of the Trust Fund from time to time and to purchase or otherwise acquire land upon which houses shall be already erected as homes, firstly, for veterans of the Great War 1914–18, secondly, for veterans of prior wars, and thirdly, for veterans of subsequent wars, and in so doing the Trustees shall give preference to veterans with wives or other elderly dependents, but, nevertheless, may erect or purchase one or more homes for use primarily for veterans without dependents; (b) should the Trustees deem the same desirable in any particular case UPON TRUST therewith to purchase or otherwise acquire furniture and other articles of household use and to equip any such home or homes with the same. 4. Failure of original beneficiaries Should the number of veterans seeking or offering themselves as candidates for the homes be insufficient in the opinion of the Trustees to enable vacancies in the homes from time to time to be filled the Trustees may in their absolute discretion permit all or such of the homes as they may think fit to be used by such necessitous persons as shall as nearly as possible coincide with veterans until such time as veterans shall seek or offer themselves as applicants for the homes so occupied, and the Trustees' decision as to who shall so occupy the homes in such case shall be final. 5. Occupancy of homes The Trustees may let such homes so erected or lease the same or allow the same to be permissively occupied with or without rent or other payment or otherwise for such period or periods on such terms and conditions in each case as the Trustees may decide having regard to the circumstances in life of each applicant and the Trustees may re-enter or resume possession of any home or homes so let leased or occupied when and as they may think fit in their absolute discretion. Sch. 1

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 7 PROVIDED that the Trustees may postpone for such period whether of years or otherwise as they may deem fit the resumption of possession of a home which is occupied by the widow or other dependent of a veteran who died while in occupancy. 6. Power to sell The Trustees shall have power when and as they may think fit to sell all or any part of the Trust Fund by public auction or private contract or by tender and either together or in lots for cash or upon terms at such prices or price and subject to such conditions as they may think fit with power to vary the terms of any contract of sale or rescind the same and to re- sell without being responsible for any loss thereby occasioned. 7. Banking and investment of idle moneys All moneys forming part of the Trust Fund and any further moneys received either by the Trustees or any of them or the Secretary to the Trust on behalf of the Trust shall forthwith be paid to the credit of the Trustees at the Bank of the Trust and such moneys forming part of the Trust Fund as shall not be immediately required for the purchase of land or erection of houses or otherwise for the administration of the Trust may be invested by the Trustees in such investments as the Trustees are allowed by Law from time to time to make. 8. Powers re the homes The Trustees shall have the following powers in reference to the erection and maintenance of homes and the land upon which they are erected— (a) to enter into building contracts; (b) to buy and acquire all building material and other goods required for the erection maintenance and upkeep of the homes; (c) to employ and remunerate architects surveyors engineers builders and all officers servants and workmen deemed necessary in connexion therewith; (d) to alter repair pull down and re-erect existing buildings; (e) to make and contribute to making drains, roads, and other public or private utilities; (f) to pay rates and taxes; Sch. 1

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 8 (g) generally to employ all such persons and do all such things as are necessary for the proper management and control, care and maintenance of the land and buildings thereon forming part of the Trust Fund. 9. General powers The Trustees shall have the following general powers— (a) to open and operate banking accounts and to determine the method by which cheques on their behalf shall be signed from time to time; (b) to employ such officers and to pay such salaries as may be necessary; (c) to make rules for the occupation of the homes provided the same shall not be inconsistent with these presents; (d) to borrow money and to mortgage as security therefor the whole or any part of the Trust property and to sign seal deliver and execute any mortgage lien or other document in connexion therewith and whether under the Transfer of Land Acts or otherwise; (e) to appeal to the public and organize collections after consultation with the League as to the dates of any such appeals; (f) to accept donations of moneys materials land or other property whether or not subject to any special conditions and to administer the same in accordance with any special conditions attaching to any donation provided the same shall be for the benefit of veterans; (g) to employ and remunerate all solicitors brokers estate agents and such other agents as the Trustees may deem necessary from time to time; (h) to pay all costs expenses and outgoings of whatsoever nature incurred or to be incurred in or about the execution of the trusts hereof. 10. Provisions governing meetings The following provisions shall govern all meetings of Trustees— (a) at their first meeting and upon the expiration of each successive period of twelve months thereafter the Trustees shall elect a Chairman and a Deputy Chairman who shall hold office for twelve months if Sch. 1

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 9 they shall so long remain a Trustee. In case the Chairman or Deputy Chairman so elected shall cease to be a Trustee or die then the Trustees at their next meeting shall elect a Chairman or Deputy Chairman who shall hold office until the expiration of the period of twelve months for which the Trustee so ceasing to be a Trustee or dying shall have been appointed. In case the Chairman and Deputy Chairman shall be absent from any meeting the Trustees present at such meeting shall elect one of their number to be Acting Chairman for such meeting. The Chairman or Deputy or Acting Chairman at every meeting shall have a vote and if there be an equal division in the voting shall also have a casting vote; (b) the decisions of the majority of the Trustees or in case there shall be an equal division in the voting the casting vote of the Chairman present at any meeting shall bind the other Trustees whether present or not and shall be as valid as if the Trustees had acted unanimously; (c) ordinary meetings shall be convened at least six times in every year by seven days' notice in writing setting out the business to be transacted thereat posted to the last known address of each Trustee or delivered to him personally; (d) any one Trustee may require the Secretary or Chairman to convene a special meeting and same shall be convened within four days by notice posted or delivered as aforesaid; (e) a minute book shall be kept of all meetings; (f) a quorum of any meeting of the Trustees shall be three. 11. Provisions for audit The Trustees shall appoint an Auditor whose duty it shall be to make an annual audit of all accounts of the Trust Fund and the administration thereof and who shall prepare and lay before the Trustees an annual statement of receipts and expenditure and a balance-sheet of the Trust Fund together with a report if he shall deem the same necessary. Sch. 1

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 10 12. Future Presidents of League to be ex officio Trustee Any person other than the said George William Frederick Holland subsequently appointed to be President of the League shall ex officio be and become a Trustee hereof during such time only as he shall be and remain President of the League as aforesaid provided he shall enter into a deed whereby he shall agree to be bound by the covenants terms and conditions of these presents. 13. Appointment of new Trustee Where any Trustee either original added or substituted and however appointed avails himself of any of the provisions of the Bankruptcy Acts for the time being in force for the relief of bankrupt debtors or is dead or remains out of Victoria for more than twelve months or desires to be discharged from all or any of the trusts or powers reposed in or conferred on him by this scheme or refuses or is unfit to act therein or is incapable of acting therein or absents himself from three consecutive meetings of the Trusts without the consent of the other Trustees and— (a) in case such Trustee so absent retiring bankrupt dead or refusing or being unfit or incapable shall have been one of the three Trustees first abovementioned by name or any person substituted for one of them or one of their successors then the council within three months of notice in writing so to do from the Secretary of the Trust or should there be none from the remaining Trustees or one of them or from any person who shall represent the Trustees or any of them or at any time if no such notice shall have been given shall have the power at a duly covened and constituted meeting to declare vacant the office of such Trustee so absent retiring bankrupt dead refusing or being unfit or incapable and shall appoint such person as they shall think fit to be a new Trustee in his place and the remaining Trustees shall confirm such appointment by deed and execute the necessary documents in the same manner as if they had appointed a new Trustee as hereinafter mentioned; (b) in any other case the surviving or continuing or other Trustees for the time being shall have power at any duly convened meeting to declare the office of the Trustee so absent retiring bankrupt dead refusing or being unfit or incapable vacant and shall thereupon within a reasonable time by deed appoint such person Sch. 1

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 11 as they think fit upon such person being approved by the Council at a duly constituted meeting to be a Trustee of the Trust hereby created and shall transfer and assign the Trust Fund to and vest the same in such new Trustee as far as is necessary jointly with the other Trustees; (c) every new Trustee so appointed shall enter into a deed whereby he shall agree to be bound by the covenants terms and conditions of these presents. 14. Liability of Trustees A Trustee shall not (except in the case of wilful default or gross negligence) incur any personal liability by reason of anything done or purported to be done under this scheme and (save as aforesaid) each Trustee shall be indemnified and met out of the Trust Fund of which he is a Trustee in respect of all claims demands actions or damages arising out of or connected with any of his acts or omissions in relation to the said Trust Fund. 15. Persons dealing with the Trustees No persons making any purchase from or effecting any sale to or entering into any mortgage or having any other dealings whatsoever with the Trustees shall be concerned to enquire into the terms of the Trust or as to whether any acts or act of the Trustees was within such terms or not and no such person shall be affected by any constructive notice that any purchase sale mortgage or other act of the Trustees was not within their powers as are hereinbefore set out. 16. Power to delegate to local Trustees The Trustees shall have power to delegate such portion or portions of their Trusts and powers as they may deem fit to local Trustees who may be thereby empowered to act in connexion with the erection occupancy and maintenance of a home or homes to be erected in any city town or district upon such terms and conditions as the Trustees may been fit provided that such local Trustees shall before so acting if so desired by the Trustees execute a Deed of Trust in proper form comprising such delegated powers terms and conditions and the Trustees may revoke any such Deed (or any of the trusts or powers thereof) from time to time when and as they may think fit. Sch. 1

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 12 IN WITNESS whereof the Trustees have hereunto set their hands and seals the 12th day of August One thousand nine hundred and thirty-seven. SIGNED SEALED AND DELIVERED by the said GEORGE WILLIAM FREDERICK HOLLAND in the presence of J. W. Fenton Solicitor Melbourne.     G. W. HOLLAND SIGNED SEALED AND DELIVERED by the said CLAUDIUS SANDERSON in the presence of J. W. Fenton.     C. SANDERSON SIGNED SEALED AND DELIVERED by the said NORMAN STANLEY OSBORNE in the presence of J. W. Fenton.     N. S. OSBORNE SIGNED SEALED AND DELIVERED by the said MAJOR-GENERAL SIR CYRIL BRUDENELL BINGHAM WHITE, K.C.B., K.C.M.G., K.C.V.O., D.S.O., in the presence of J. W. Fenton.       C. B. B. WHITE SIGNED SEALED AND DELIVERED by the said GEORGE BURRIDGE LEITH in the presence of J. W. Fenton.     G. Burridge LEITH SIGNED SEALED AND DELIVERED by the said FRANCIS PLUMLEY DERHAM in the presence of A. M. Holmes.     Francis P. DERHAM SIGNED SEALED AND DELIVERED by the said GODFREY CAREW HAWKER in the presence of J. W. Fenton.     G. C. HAWKER SIGNED SEALED AND DELIVERED by the said DOUGLAS OSWALD LUKE KITTO in the presence of J. W. Fenton.     D. O. L. KITTO Sch. 1

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 13 SIGNED SEALED AND DELIVERED by the said BRIGADIER-GENERAL JOHN PATRICK McGLINN, C.M.G., C.B.E., V.D., in the presence of J. R. Law Smith Solicitor Melbourne.      J. P. McGLINN

Sch. 1

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 14 SECOND SCHEDULE THIS TRUST DEED is made the twenty-fourth day of November One thousand nine hundred and fifty-eight BETWEEN SIR GEORGE WILLIAM FREDERICK HOLLAND of 1A Albert-street East Malvern in the State of Victoria Public Official GEORGE BURRIDGE LEITH of 7 Toorak-avenue Toorak in the said State Architect GODFREY CAREW HAWKER of 209 William-street Melbourne in the said State Merchant NORMAN STANLEY OSBORNE of 201 Gower-street Preston in the said State Municipal Employee JACK HAMILTON PHILLIPS of 58 Queens-road Melbourne aforesaid Gentleman JOHN FARRAR SUTTON of 37 Rotherwood-road Ivanhoe in the said State Railway Employee CHARLES HOLLY McKAY of "St. Marnocks" Beaufort in the said State Grazier and WILLIAM JOHN KILPATRICK of 8 Hopetoun-road Toorak aforesaid Company Director of the first part the said SIR GEORGE WILLIAM FREDERICK HOLLAND the said NORMAN STANLEY OSBORNE the said JOHN FARRAR SUTTON NORMAN DAVID WILSON of 7 Bennett-parade East Kew in the said State Librarian and the said CHARLES HOLLY McKAY of the second part and the said SIR GEORGE WILLIAM FREDERICK HOLLAND the said GEORGE BURRIDGE LEITH the said GODFREY CAREW HAWKER the said NORMAN STANLEY OSBORNE the said JACK HAMILTON PHILLIPS the said JOHN FARRAR SUTTON the said CHARLES HOLLY McKAY the said WILLIAM JOHN KILPATRICK NEIL WALFORD of 342 Flinders-street Melbourne aforesaid Chartered Accountant (Aust.) FRANCIS JAMES ERIC GYNGELL of 20 Burns-street Elwood in the said State JOHN FINCH AKEROYD of 442 Nepean Highway Frankston in the said State Medical Practitioner DONALD HORSLEY FOWLER of 7 Dundas-street Frankston aforesaid Radio Technician COLIN HENRY KEON-COHEN of 472 Bourke-street, Melbourne, aforesaid Solicitor NOEL LANCETER RAWSON of 6 Harfleur-avenue Beaumaris in the said State Trust Officer and CUTHBERT OSWALD HARRY of 7A Westminster-street Balwyn in the said State Civil Servant, of the third part: WHEREAS the parties hereto of the first part are possessed of the freehold properties particulars of which are set out in the first part of the Schedule hereunder written which are held by them upon trust and subject to the powers contained in a certain Declaration of Trust dated the Twelfth day of August One thousand nine hundred and thirty-seven under the hands and seals of George William Frederick Holland Claudius Sanderson Norman Stanley Osborne Major-General Sir Cyril Brudenell Bingham White George Burridge Leith Francis Plumley Derham Godfrey Carew Hawker Douglas Oswald Luke Kitto and Brigadier-General John Patrick McGlinn to provide homes for veterans of the Great War of 1914–1918 who are in necessitous circumstances: Preamble, section 2 Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 15 AND WHEREAS the parties hereto of the second part are possessed of the freehold properties particulars of which are set out in the second part of the Schedule hereunder written and which are held by them as Trustees of the Victorian Branch of the Returned Sailors' Soldiers' and Airmen's Imperial League of Australia and are used for purposes analogous to the trusts of the said Declaration of Trust of the 12th day of August 1937: AND WHEREAS the parties hereto of the first and second parts are desirous of transferring the control of the said properties to the parties hereto of the third part to be vested in and held by them upon the trusts and subject to the powers hereinafter in these presents contained: AND WHEREAS subject to this Deed being approved by Act of the Parliament of the State of Victoria the parties hereto of the third part have agreed to accept the control of the said freehold properties and have consented to act as the first Trustees for the purposes of this Deed and to join therein for the purpose of establishing the same and declaring the trusts and conditions thereof: NOW THIS DEED WITNESSETH and it is hereby declared as follows:

Definitions In this Deed unless the context otherwise requires the following words and expression shall have the following meanings— "the Trust Fund" means and includes the freehold properties particulars of which are set out in the Schedule hereunder written and all other real and personal property (including moneys) from time to time held by or on account of the Trustees for the purposes of the trusts herein declared and the investments for the time being representing the same and the income arising from such investments; "the Trustees" means the Trustees for the time being of this Deed; "a Veteran" shall be any person who having been appointed enlisted or enrolled in any service of or service auxiliary to the Naval Military or Air Forces of the Commonwealth of Australia the United Kingdom of Great Britain and Northern Ireland or any other part of the Queen's Dominions and having served in a theatre of war or operational area in any war or warlike operation in which Her Majesty or any of her predecessors or (as the case may be) successors or the Commonwealth of Australia has at any time been or may hereafter be engaged and who being aged is in the opinion of the Trustees a person for whom Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 16 accommodation should be made available notwithstanding such person shall be in receipt of a War Pension, Service Pension, Age Pension, Invalid Pension or any other pension; "a service pension" shall be a service pension as defined in Division 5 of the Australian Soldiers' Repatriation Act of the Commonwealth of Australia; "League" means the Victorian Branch of the Returned Sailors' Soldiers' and Airmen's Imperial League of Australia; "the Council" means the Council or other the general committee from time to time of the League. 2. Name The name of the Trust shall be "The R.S.L. War Veterans' Homes Trust of Victoria". 3. Number of Trustees The number of Trustees of this Deed shall be not less than fifteen of whom five may be appointed by the Council. The said John Finch Akeroyd Donald Horsley Fowler Colin Henry Keon-Cohen Noel Lanceter Rawson and Cuthbert Oswald Harry shall be the first Trustees appointed by the Council. In addition to the Trustees appointed by the Council the President and the Honorary Treasurer for the time being of the League shall be ex officio trustees but shall ipso facto cease to be trustees on their ceasing to hold those respective offices. 4. The Trustees shall hold the Trust fund— (a) upon trust to purchase take on lease or otherwise acquire lands buildings and other improvements and to erect any such buildings and improvements as the Trustees in their absolute discretion may think proper and to use such lands buildings and improvements for the purpose of providing homes and hospital and other accommodation for or otherwise for the benefit of veterans in the following order of priority, that is to say, firstly, for veterans of the Great War 1914–1918, secondly for veterans of prior wars, and thirdly for veterans of subsequent wars, and subject thereto and at the discretion of the Trustees for the wives widows and other dependents of such veterans; Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 17 (b) upon trust to purchase or otherwise acquire furniture and other articles of domestic household hospital garden or recreational use and to equip any such lands or buildings with the same; (c) upon trust to maintain support and provide benefits for or to assist in the maintenance support and the provision of benefits for veterans accommodated or desiring to be accommodated in any property owned or controlled by the Trustees whether by direct financial help or by such other means whatsoever as the Trustees shall from time to time think fit. 5. Failure of original beneficiaries Should the number of veterans seeking accommodation in the homes be insufficient in the opinion of the Trustees to enable vacancies from time to time to be filled the Trustees may in their absolute discretion permit all or such or such parts of the buildings aforesaid as they may think fit to be used by such deserving persons as they may choose until such time as veterans shall seek or offer themselves as applicants for accommodation and the Trustees' decision as to who shall so occupy the buildings in such case shall be final. 6. Occupancy of homes The Trustees may let all or any of the lands and buildings aforesaid or any parts thereof or lease the same or allow the same to be permissively occupied with or without rent or other payment or otherwise for such period or periods and on such terms and conditions as the Trustees having regard to the circumstances of the particular case may decide and the Trustee may re-enter or resume possession of any building or portion thereof so let leased or occupied when and as they may think fit in their absolute discretion. Notwithstanding anything to the contrary in this deed contained (whether expressly or by implication) the Trustees shall have full and absolute power and discretion (which power and discretion may be exercised at any time and from time to time) to postpone for such period whether of years or otherwise as they may deem fit the resumption of possession of any building or portion of a building which is occupied by the widow or other dependent of a veteran who died whilst in occupancy of such building or part. Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 18 7. Power to sell The Trustees shall have the power when and as they may think fit to sell all or any part of the Trust Fund; and for this purpose they shall have all the powers conferred by law on trustees holding property upon trust for sale. 8. Banking and investment of idle money All moneys forming part of the Trust Fund and any further moneys received either by the Trustees or any of them or the Secretary or other officer of the Trust on behalf of the Trust shall forthwith be paid to the credit of the Trustees at the Bank of the Trust and such moneys forming part of the Trust Fund as shall not be immediately required for the purchase or acquisition of land or the erection of buildings or otherwise for the purposes of the trust or for the expenses of the administration of the Trust may be invested by the Trustees in such investments as Trustees are allowed by law from time to time to make. 9. Vesting of Trust Fund The lands and investments for the time being forming part of the Trust Fund may if the Trustees think fit be vested in three holding Trustees (who shall be appointed and be subject to removal by the Trustees but who need not themselves be Trustees of this Deed) or in a body corporate subject to such terms and conditions as the trustees may think proper. The said holding Trustees or (as the case may be) body corporate shall comply with any directions in writing given to them or it by the Trustees. 10. Powers re the homes The Trustees shall have the following powers in relation to any land under their control and to the erection and maintenance of buildings and other improvements— (a) to enter into contracts; (b) to subdivide land; (c) to buy or acquire all building material and other goods required for the erection maintenance and upkeep of such buildings and other improvements; (d) to employ and remunerate architects surveyors engineers builders and all officers servants and workmen deemed necessary in connexion therewith; (e) to alter repair extend pull down and re-erect existing buildings; Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 19 (f) to construct alter and maintain bowling greens and other recreational and therapeutic facilities; (g) to make and contribute to making drains roads and other public or private utilities; (h) to pay rates and taxes and effect insurances; (i) generally to employ all such persons and do all such things as are necessary or expedient for the proper management and control care and maintenance of the land buildings and other improvements thereon and the domestic household garden and recreational furniture and effects forming part of the Trust Fund. 11. General powers The Trustees shall have the following general powers— (a) to open and operate banking accounts and to determine the method by which cheques on their behalf shall be signed from time to time; (b) to employ such officers and employees and to pay such salaries and wages as may be necessary; (c) to make rules and regulations for the management of the Trust and for the occupation conduct and use of the homes buildings and improvements as aforesaid provided that no such rule or regulation shall be inconsistent with these presents; (d) to borrow money and to authorize and empower the holding trustee or trustees to mortgage as security therefor the whole or any part of the Trust property and to sign seal and deliver and execute any mortgage lien or other document in connexion therewith and whether under the Transfer of Land Act or otherwise; (e) to appeal to the public for donations and to organize collections after consultation with the League; (f) to accept donations of moneys materials land or other property whether or not subject to any special conditions and to administer the same in accordance with any special conditions attaching to any donation provided the same shall be for the benefit of Veterans or other persons upon whom the trustees are entitled to confer benefits pursuant to this deed; (g) to employ and remunerate all solicitors brokers estate agents and such other agents as the Trustees may deem necessary from time to time; Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 20 (h) to pay all costs expenses and outgoings of whatsoever nature incurred or to be incurred in or about the execution of the trusts hereof. 12. Appointment of additional Trustees The Trustees shall have power from time to time and at any time to add to their number by the appointment of any other persons as Trustees but every such person shall be first approved by the Council. 13. Provisions governing meetings The following provisions shall govern all meeting of Trustees— (a) Sir George William Frederick Holland shall be the first Chairman of the Trustees; (b) subject to paragraph (a) hereof at their first meeting and upon the expiration of each successive period of twelve months thereafter the Trustees shall elect a Chairman and a Deputy Chairman who shall hold office for twelve months if they shall so long remain Trustees. In case the Chairman or Deputy Chairman so elected shall cease to be a Trustee or die then the Trustees at their next meeting shall elect a Chairman or Deputy Chairman who shall hold office until the expiration of the period of twelve months for which the Trustee so ceasing to be a Trustee or dying shall have been appointed. In case the Chairman and Deputy Chairman shall be absent from any meeting the Trustees present at such meeting shall elect one of their number to be the Acting Chairman for such meeting. The Chairman or Deputy or Acting Chairman at every meeting shall have a vote and if there be an equal division in the voting shall also have a casting vote; (c) the decision of the majority of the Trustees or in case there shall be an equal division in the voting the casting vote of the Chairman present at any meeting shall bind the other trustees whether present or not and shall be as valid as if the Trustees had acted unanimously; (d) ordinary meetings shall be convened at least six times in every year by seven days' notice in writing setting out the business to be transacted thereat and posted to the last known address of each Trustee or delivered to him personally; Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 21 (e) any one Trustee may require the Secretary or Chairman to convene a special meeting and same shall be convened within four days by notice posted or delivered as aforesaid; (f) a minute book shall be kept of all meetings; (g) the Trustees may from time to time determine the quorum necessary for the transaction of business and unless otherwise determined a majority of Trustees shall constitute a quorum. 14. Provisions for audit The Trustees shall appoint an Auditor whose duty it shall be to make an annual audit of all accounts of the Trust Fund and the administration thereof and who shall prepare and lay before the Trustees an annual statement of receipts and expenditure and a balance-sheet of the Trust Fund together with a report if he shall deem the same necessary. 15. Future Presidents of League to be ex officio Trustees Any person other than the said George William Frederick Holland subsequently appointed to be President of the League shall ex officio be and become a Trustee hereof during such time only as he shall be and remain President of the league as aforesaid. 16. Appointment of new Trustee Where any Trustee either original added or substituted and however appointed avails himself of any of the provisions of the Bankruptcy Acts for the time being in force for the relief of bankrupt debtors or is dead or remains out of Victoria for more than twelve months or desires to be discharged from all or any of the trusts or powers reposed in or conferred on him by this deed or refuses or is unfit to act therein or is incapable of acting therein or absents himself from three consecutive meetings of the Trustees without the consent of the Trustees and— (a) in case such Trustee so absent retiring bankrupt or dead or refusing or being unfit or incapable shall have been one of the Trustees appointed by the Council then the Council within three months after receipt of notice in writing so to do from the Secretary of the Trust or should there be none from the remaining Trustees or one of them or from any person who shall represent the Trustees or any of them or at any time if no such notice shall have been given shall have the Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 22 power at a duly convened and constituted meeting to declare vacant the office of such Trustee so absent retiring bankrupt dead refusing or being unfit or incapable and shall appoint such person as they shall think fit to be a new Trustee in his place; (b) in any other case the surviving or continuing Trustees for the time being shall have power at any duly convened meeting to declare vacant the office of the Trustee so absent retiring bankrupt dead refusing or being unfit or incapable to act and subject as hereinafter provided shall thereupon within a reasonable time appoint such person as they think fit but who shall be first approved by the Council to be a new Trustee of the Trust provided always that where the number of the surviving or continuing trustees exceed twenty they may defer the appointment of such new Trustee during such time as they may think fit or indefinitely; (c) every new Trustee appointed shall enter into a deed whereby he shall agree to be bound by the covenants terms and conditions of these presents. 17. Liability of Trustees A Trustee shall not (except in the case of his own wilful default) incur any personal liability by reason of anything done or purported to be done under this deed and (save as aforesaid) each Trustee shall be indemnified out of the Trust Fund of which he is a Trustee in respect of all claims demands actions or damages arising out of or connected with any of his acts or omissions in relation to the said Trust Fund. 18. Persons dealing with the Trustees No persons making any purchase from or effecting any sale to or entering into any mortgage or having any other dealings whatsoever with the Trustees shall be concerned to enquire into the terms of the Trust or as to whether any acts or act of the Trustees was within such terms or not and no such person shall be affected by any constructive notice that any purchase sale mortgage or other act of the Trustees was not within their powers as hereinbefore set out. Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 23 19. The Trustees may appoint committees of management of any buildings consisting of one or more of their number and such other persons (if any) as they may think fit and may delegate to such committee all or any of the powers of the Trustees with regard to the management of such buildings subject however to such restrictions as they may think fit and may from time to time revoke wholly or partially any such appointment or delegation. IN WITNESS whereof this Deed has been duly executed the day and year first before written. THE SCHEDULE HEREINBEFORE REFERRED TO FIRST PART

ALL THAT piece of land containing six acres and twelve perches or thereabouts being part of Crown Portion Fifty- three at Cheltenham Parish of Moorabbin County of Bourke and being the whole of the land more particularly described in Certificate of Title Volume 2296 Folio 063.
ALL THAT piece of land being part of Lots 8A and 8B on Plan of Subdivision No. 4750 lodged in the Office of Titles and being part of Crown Allotments Seven and Eight Section Four Parish of Frankston County of Mornington and being the whole of the land more particularly described in Certificate of Title Volume 7341 Folio 025 and Volume 7778 Folio 101.
ALL THAT piece of land containing two acres and fourteen perches or thereabouts being part of Lot 57 on Plan of Subdivision No. 5824 lodged in the Office of Titles and being part of Crown Portion Three Parish of Keelbundora County of Bourke and being the whole of the land more particularly described in Certificate of Title Volume 3794 Folio 749.
ALL THAT piece of land being Lot 11 on Plan of Subdivision No. 18024 lodged in the Office of Titles and being part of Crown Portion Three Parish of Keelbundora County of Bourke and being the whole of the land more particularly described in Certificate of Title Volume 7213 Folio 590. Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 24 SECOND PART

ALL THOSE pieces of land being Lots 37, 38 and 39 on Plan of Subdivision No. 11886 lodged in the Office of Titles and being part of Crown Portion Two hundred and thirty- three at St. Kilda Parish of Prahran County of Bourke and being the whole of the lands more particularly described in Certificates of Title Volume 5261 Folio 147, 148 and 149.
ALL THOSE pieces of land being part of Crown Portion Ninety-four Parish of Nepean County of Mornington and being the whole of the lands more particularly described in Certificates of Title Volume 2050 Folio 853 Volume 4125 Folio 941. SIGNED SEALED AND DELIVERED by the said GEORGE WILLIAM FREDERICK HOLLAND in the presence of: H. C. Smith    G. W. HOLLAND SIGNED SEALED AND DELIVERED by the said GEORGE BURRIDGE LEITH in the presence of: H. C. Smith    G. Burridge LEITH SIGNED SEALED AND DELIVERED by the said GODFREY CAREW HAWKER in the presence of: H. C. Smith    G. C. HAWKER SIGNED SEALED AND DELIVERED by the said NORMAN STANLEY OSBORNE in the presence of: H. C. Smith    N. S. OSBORNE SIGNED SEALED AND DELIVERED by the said JACK HAMILTON PHILLIPS in the presence of: C. W. Joyce, J.P.    J. H. PHILLIPS SIGNED SEALED AND DELIVERED by the said JOHN FARRAR SUTTON in the presence of: C. W. Joyce    J. F. SUTTON SIGNED SEALED AND DELIVERED by the said CHARLES HOLLY McKAY in the presence of: C. W. Joyce    Chas. H. McKAY SIGNED SEALED AND DELIVERED by the said WILLIAM JOHN KILPATRICK in the presence of: H. C. Smith    W. J. KILPATRICK Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 25 SIGNED SEALED AND DELIVERED by the said NORMAN DAVID WILSON in the presence of: C. W. Joyce    N. D. WILSON SIGNED SEALED AND DELIVERED by the said NEIL WALFORD in the presence of: H. C. Smith    Neil WALFORD SIGNED SEALED AND DELIVERED by the said FRANCIS JAMES ERIC GYNGELL in the presence of: C. W. Joyce    F. J. E. GYNGELL SIGNED SEALED AND DELIVERED by the said JOHN FINCH AKEROYD in the presence of: H. C. Smith    John F. AKEROYD SIGNED SEALED AND DELIVERED by the said DONALD HORSLEY FOWLER in the presence of: H. C. Smith    Donald H. FOWLER SIGNED SEALED AND DELIVERED by the said COLIN HENRY KEON-COHEN in the presence of: C. W. Joyce    C. KEON-COHEN SIGNED SEALED AND DELIVERED by the said NOEL LANCETER RAWSON in the presence of: H. R. Taylor    N. L. RAWSON SIGNED SEALED AND DELIVERED by the said CUTHBERT OSWALD HARRY in the presence of: C. W. Joyce    C. O. HARRY ═══════════════ Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 26 ENDNOTES

General Information The War Veterans' Home Trust Act 1959 was assented to on 29 September 1959 and came into operation on 29 September 1959. Endnotes

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 27 2. Table of Amendments There are no amendments made to the War Veterans' Homes Trust Act 1959 by Acts and subordinate instruments. Endnotes

Victorian Legislation and Parliamentary DocumentsAct No. 6538/1959 War Veterans' Homes Trust Act 1959 28 3. Explanatory Details No entries at date of publication. Endnotes

1 War Veterans' Homes Trust Act 1959

Victorian Legislation and Parliamentary Documentsi Version No. 001 War Veterans' Homes Trust Act 1959 Act No. 6538/1959 Version as at 3 March 2003 TABLE OF PROVISIONS Section Page

Short title 3
Validation of deed of trust set out in Second Schedule 3

SCHEDULES 4 SCHEDULE 1 4 SCHEDULE 2 14 ═══════════════ ENDNOTES 26

General Information 26
Table of Amendments 27
Explanatory Details 28

The Act and its schedules set out a small number of recurring legal concepts and operational rules that govern the trust's assets, beneficiaries, governance and powers. Key concepts, and where they appear, are:

Trust Fund, Trust Objects and Beneficiaries: The "Trust Fund" is defined in both the First and Second Schedules to include cash, real and personal property acquired for the trusts and the income therefrom (First Schedule, cl 2; Second Schedule, cl 1). The objects are homes, hospital and other accommodation and related support for "Veterans" (First Schedule, cl 3; Second Schedule, cl 4). "Veteran" is defined in both Schedules but the Second Schedule uses broader language to include service in any theatre of war or operational area in which Her Majesty or the Commonwealth has been engaged (Second Schedule, cl 1).
Priority of Beneficiaries: Both deeds set a priority order for eligibility to receive accommodation: firstly veterans of the Great War 1914-1918, secondly veterans of prior wars, and thirdly veterans of subsequent wars. The Second Schedule explicitly extends discretion to provide for wives, widows and other dependants subject to trustees' discretion (First Schedule, cl 3; Second Schedule, cl 4).
Discretion and Residual Beneficiaries: The trustees have wide discretionary powers to decide occupancy, letting, leases, permissive occupation with or without payment, re‑entry and resumption of possession (First Schedule, cl 5; Second Schedule, cl 6). Both deeds permit trustees to allow non‑veterans to occupy homes when veteran demand is insufficient, and trustees' decisions on such matters are final (First Schedule, cl 4; Second Schedule, cl 5).
Property powers: The trustees are authorised to acquire land, erect homes, buy furniture and operate all necessary works and services (First Schedule, cl 3, cl 8; Second Schedule, cl 4, cl 10). They have power to subdivide, alter, repair, construct recreational/therapeutic facilities and pay rates and insurance (Second Schedule, cl 10).
Financial and security powers: Trustees may bank and invest idle funds in investments trustees are lawfully permitted to make (First Schedule, cl 7; Second Schedule, cl 8); they may borrow and mortgage the whole or any part of the Trust property, with power to sign all security documents (First Schedule, cl 9(d); Second Schedule, cl 11(d)). The Second Schedule contemplates vesting lands and investments in holding trustees or a body corporate at the trustees' discretion (Second Schedule, cl 9).
Governance: The deeds prescribe trustee numbers, nomination mechanics, meeting frequency and quorums, election of Chair and Deputy, minute keeping, and audit requirements (First Schedule, cl 10, cl 11, cl 13; Second Schedule, cl 3, cl 13, cl 14, cl 16). The Second Schedule specifies a minimum of fifteen trustees, five of whom may be appointed by the League's Council (Second Schedule, cl 3). The League's President and Honorary Treasurer are ex officio trustees under the Second Schedule (Second Schedule, cl 3; First Schedule, cl 12 references future presidents as ex officio subject to a deed of acceptance).
Delegation and committees: Trustees may delegate powers to local trustees or appoint committees of management and may revoke such delegations (First Schedule, cl 16; Second Schedule, cl 19).
Liability and indemnity: Each trustee is indemnified out of the Trust Fund and not personally liable for acts done in execution of the trust, except for wilful default (First Schedule, cl 14; Second Schedule, cl 17).
Non‑reliance by third parties: Persons dealing with the trustees (purchasers, mortgagees etc.) are not required to enquire into the terms of the trust or whether trustees acted within their powers; constructive notice is disclaimed in favour of third parties (First Schedule, cl 15; Second Schedule, cl 18).
Statutory validation: Section 2 gives the 1958 Trust Deed statutory validation, including where the deed differs from prior trusts or trustees are not the same, by declaring it valid "notwithstanding anything in any Act or law or in any instrument or trust" (s 2).

The Act therefore encodes a conventional charitable/trust structure concentrated on provision of housing and related services to veterans, but with broad managerial and financial powers, explicit legal protections for dealing third parties and statutory cure for any defects in the 1958 deed.

The Act and the two schedules identify precise categories of actors and stakeholders and set out who pays, who decides and who benefits.

Trustees: The persons named in the First and Second Schedules are initial trustees and the deeds contain detailed processes for appointment, replacement and addition of trustees (First Schedule, cl 1 and 13; Second Schedule, cl 1 and 12). The Second Schedule establishes a trustee body of no fewer than fifteen members, five of whom may be appointed by the League's Council (Second Schedule, cl 3). The League's President and Honorary Treasurer are ex officio trustees under the Second Schedule (Second Schedule, cl 3). Trustees make core decisions about acquisition, control, leasing, mortgage, divestment, expenditure and occupancy (Schs 1 & 2, multiple clauses).
The League and its Council: The Victorian Branch of the Returned Sailors', Soldiers' and Airmen's Imperial League of Australia (referred to as the "League") appears throughout as the originating fundraising body and a continuing appointing and consultative authority. The Council of the League has powers of approval for certain trustee appointments (First Schedule, cl 13; Second Schedule, cl 12) and the Council is to be consulted before public appeals are organised (First Schedule, cl 9(e); Second Schedule, cl 11(e)). Five trustee spots may be Council appointments (Second Schedule, cl 3).
Veterans and dependants (beneficiaries): Defined terms identify veterans as persons who served in theatres of war or operational areas and who, in the trustees' opinion, are in necessitous circumstances, even if in receipt of pensions (First Schedule, cl 2; Second Schedule, cl 1). Priority is given to veterans of the Great War, then earlier wars, and then later wars, but trustees can also accommodate wives, widows and other dependants at their discretion (Schs 1 & 2).
Third parties dealing with the trust: Purchasers, mortgagees, donors and other persons transacting with the trustees are expressly protected from the need to investigate whether trustees acted within their powers; they are not affected by constructive notice that an act was beyond powers (First Schedule, cl 15; Second Schedule, cl 18).
Donors and the public: The trustees are empowered to appeal to the public for donations and to accept donations, including those with special conditions provided they are for the benefit of veterans (First Schedule, cl 9(e)-(f); Second Schedule, cl 11(e)-(f)). The Act does not prescribe fundraising regulation but requires that trustees consult the League in organising appeals (Schs 1 & 2).
Auditors, employees and contractors: Trustees must appoint an Auditor to prepare annual accounts and balance sheet (First Schedule, cl 11; Second Schedule, cl 14). Trustees may employ staff, consultants, architects, builders and agents and remunerate them from the Trust Fund (First Schedule, cl 8(c); cl 9(b), (g); Second Schedule, cl 10(d); cl 11(b), (g)).

Who pays: the Trust Fund pays for acquisition, construction, maintenance, salaries, borrowing costs and indemnities. The Fund comprises original monies, land and later donations, investments and income (First Schedule, cl 2; Second Schedule, cl 1). Trustees may borrow and mortgage parts of the Fund (First Schedule, cl 9(d); Second Schedule, cl 11(d)).

Who decides: trustees hold large discretion over eligibility, occupancy, sale/mortgage of assets, delegation, appeals to the public and acceptance of donations. The League Council has appointment and consultative roles but not day‑to‑day operational control under the deed.

The Act therefore affects corporate actors (trustees and their appointees), a membership body (the League), beneficiaries (veterans and dependants), and market counterparties (purchasers, mortgagees, donors, builders, employees and auditors).

The schedules to the Act set out the trustees' substantive duties and rights in detail. These are contractual‑trust obligations expressed in the deed text and made statutorily valid by s 2.

Primary duties:

Provide accommodation and related support for veterans: Trustees must hold the Trust Fund to acquire land and buildings and to erect or provide homes and hospital and other accommodation for veterans, in the priority order stated (First Schedule, cl 3; Second Schedule, cl 4). Trustees also have an explicit duty to purchase furniture and equip homes (First Schedule, cl 3(b); Second Schedule, cl 4(b)).
Maintain and manage properties: Trustees must maintain, repair and operate buildings, arrange drains, roads and utilities, pay rates and taxes and effect necessary insurances (First Schedule, cl 8; Second Schedule, cl 10(h)).
Financial administration and investment: Trustees must bank all monies forming part of the Trust Fund at the Bank of the Trust and may invest idle moneys in lawful trustee investments (First Schedule, cl 7; Second Schedule, cl 8). Trustees must appoint an Auditor to audit accounts annually and produce a statement of receipts and expenditure and a balance sheet (First Schedule, cl 11; Second Schedule, cl 14).
Governance and meetings: Trustees must convene ordinary meetings at least six times a year, keep minutes, elect a Chairman and Deputy annually and observe quorum requirements (First Schedule, cl 10; Second Schedule, cl 13). The Chairman has a casting vote in case of equality (Schs 1 & 2 at governance clauses).
Appointments and succession: Trustees must follow prescribed processes for appointing new trustees, including Council approval where specified, and require incoming trustees to enter into a deed agreeing to be bound by the trust terms (First Schedule, cl 13; Second Schedule, cl 12 and cl 16).

Significant rights and discretions:

Broad discretion to determine occupancy and tenants: Trustees may let, lease or permit occupation of homes with or without rent, on such terms as they decide, and may re‑enter and resume possession in their absolute discretion (First Schedule, cl 5; Second Schedule, cl 6). Trustees may postpone resumption for widows or dependants of veterans (Schs 1 & 2).
Power to sell and mortgage: Trustees may sell any part of the Trust Fund and have the powers of trustees holding property on trust for sale; they may borrow and mortgage the whole or any part of Trust property and execute mortgage instruments, whether under Transfer of Land Acts or otherwise (First Schedule, cl 6 and cl 9(d); Second Schedule, cl 7 and cl 11(d)). The Second Schedule allows vesting of assets in holding trustees or a corporate holding vehicle (Second Schedule, cl 9).
Power to accept and manage donations and fundraising: Trustees may appeal for public funds after consultation with the League and accept donations, including those with special conditions provided they are for the benefit of veterans (First Schedule, cl 9(e)-(f); Second Schedule, cl 11(e)-(f)).
Delegation and committees: Trustees may delegate powers to local trustees and appoint committees of management for particular buildings and revoke delegations at will (First Schedule, cl 16; Second Schedule, cl 19).

Protections and limits:

Limited personal liability for trustees: Trustees are not personally liable for acts done under the scheme except in cases of wilful default or (in the First Schedule) gross negligence; they are to be indemnified out of the Trust Fund for claims, demands, actions or damages connected to acts or omissions in relation to the Trust Fund (First Schedule, cl 14; Second Schedule, cl 17).
Non‑inquiry rule for third parties: Persons transacting with trustees are not obliged to inquire into the legal propriety of trustees' acts and are not affected by constructive notice that the trustees acted beyond powers (First Schedule, cl 15; Second Schedule, cl 18).

Statutory validation:

Section 2 validates the 1958 deed and the trusts expressed therein "notwithstanding anything in any Act or law or in any instrument or trust" and notwithstanding differences from prior trusts or trustees. This reduces (statutorily removes) potential causes of invalidity that might otherwise be raised under trust or property law.

The operative effect is to create trustees with broad operational autonomy and financial powers, backed by statutory validation and protective rules for external dealings, but subject to internal governance (meetings, audit, Council approval for certain appointments) and traditional fiduciary limitations implied by trust law (though the deeds limit personal liability except for wilful default).

The statute and the schedules do not create criminal offences, monetary penalties or an administrative enforcement regime specific to the trust. There is no express statutory penalty provision in the text provided. Enforcement, compliance and remedies therefore operate within the ordinary frameworks of trust law, property law and contract as follows.

Remedies against trustees:

Common law and equitable remedies: The schedules operate as private trust instruments validated by statute (s 2). Where trustees breach fiduciary duties or commit wilful default, affected beneficiaries (veterans or their legal representatives) or other interested parties can seek equitable relief against trustees in the ordinary courts , removal, account, restitution, injunction, specific performance or rescission,subject to the limitations and the indemnity clauses in the deeds (First Schedule, cl 14; Second Schedule, cl 17). The deeds themselves limit trustee liability except for wilful default (First Schedule, cl 14; Second Schedule, cl 17), which shapes the scope of recovery.
Auditor and accounting obligations: Trustees must appoint an Auditor and prepare annual statements and balance sheets (First Schedule, cl 11; Second Schedule, cl 14). Failure to conduct audits could be the basis for internal governance challenges or external fiduciary claims where mismanagement is alleged. The Act contains no regulatory reporting obligations to government departments.

Enforcement by third parties:

Persons dealing with trustees are protected from inquiry and constructive notice (First Schedule, cl 15; Second Schedule, cl 18). That reduces third parties’ ability to attack transactions on the ground the trustees lacked power, leaving third parties reliant on the trustees’ apparent authority.

Statutory validation:

Section 2’s validation clause reduces the availability of statutory or formal challenges predicated on procedural or technical defects in the 1958 deed, by expressly deeming the deed and its trusts valid "notwithstanding anything in any Act or law". That provision functions as a curative measure against prior alleged invalidities.

No criminal provisions or regulatory sanctions:

The Act does not confer inspection powers, impose duties to report to a government agency, or create new offences for non‑compliance. Any enforcement will therefore rely on private litigation, trustee removal processes in the deed and ordinary statutory causes of action that remain available under general law.

Consequences for creditors and mortgagees:

Trustees’ power to mortgage Trust property and to vest assets in holding trustees or bodies corporate (Second Schedule, cl 9; cl 11(d)) creates enforceable security options, but the Act does not create public ranking or priority rules beyond those in general property law (including Transfer of Land Acts where applicable). Creditors dealing with holding trustees or the trustee body have the protection of the non‑inquiry clause when contracting with trustees (Second Schedule, cl 18).

In short, enforcement is judicial and private rather than administrative; the trust operates largely within common law and equity enforcement mechanisms, while s 2 reduces certain legal challenges by statutory validation.

The text expressly cross‑references and interacts with several bodies of law and particular statutes.

Australian Soldiers' Repatriation Act (Commonwealth): Both Schedules use definitions that depend on the Australian Soldiers' Repatriation Act for terms such as "Theatre of War" and "service pension" (First Schedule, cl 2; Second Schedule, cl 1). This imports Commonwealth statutory definitions into the identity of beneficiaries and pension status. Practitioners therefore must consider Commonwealth statutory definitions when determining eligibility under the trust.
Transfer of Land Acts and mortgage mechanics: The Second Schedule contemplates that trustees may sign, seal and deliver or execute any mortgage, lien or other document "whether under the Transfer of Land Acts or otherwise" (Second Schedule, cl 11(d)). Trustees’ power to encumber land therefore engages state Torrens title machinery and the formalities of registration under the Transfer of Land Act(s). Mortgagees and registrars will need to ensure documents comply with Transfer of Land formalities even though the deeds protect third parties from inquiry (Second Schedule, cl 18).
Bankruptcy Acts: The appointment and replacement mechanics for trustees refer to trustees "availing themselves of the provisions of the Bankruptcy Acts for the time being in force for the relief of bankrupt debtors" (First Schedule, cl 13; Second Schedule, cl 16). This implies that the trusteeship rules assume interaction with bankruptcy law where a trustee becomes bankrupt. Trustee removal and replacement mechanisms in the deed are triggered by bankruptcy events in accordance with general Bankruptcy Act operations.
Trustee investment law and general trust obligations: The investment clauses (First Schedule, cl 7; Second Schedule, cl 8) permit investments "as Trustees are allowed by law from time to time to make". That imports the standard of lawful trustee investments prevailing at any time; trustees must therefore observe statutory trustee investment regimes and prudential duties that apply in Victoria.
Property and contract law: Powers to buy, sell, lease, sublease, subdivide, accept donations and contract for construction bring into play property law, contract law, municipal planning and building law (e.g. local council approvals), rates law and insurance obligations. The deeds obligate trustees to comply in effect with the legal formalities required to create valid property interests and to pay rates and taxes (Second Schedule, cl 10(g)-(h)).
Statutory validation and conflict with other Acts: Section 2 validates the 1958 deed "notwithstanding anything in any Act or law", which operates as a statutory override or curative provision. That clause can negate certain statutory or procedural defects that might otherwise have invalidated the trust conversion. It does not, however, remove general legal obligations such as compliance with Transfer of Land registration, tax law or other regulatory regimes that have continuing effect unless they are expressly and specifically overridden.
No express interaction with charities law or ACNC: The Act predates modern charities regulation (e.g. Australian Charities and Not‑for‑profits Commission) and contains no references to charity registration, tax concessions, or charitable status. Whether the trust qualifies for charitable status, tax concessions or must comply with ACNC reporting is not addressed by the Act and remains governed by contemporary law and revenue practice.

For practitioners, these interactions mean that administering the trust requires attention to Commonwealth definitions for beneficiary eligibility, compliance with state land title and mortgage formalities, attention to bankruptcy events affecting trustees, and observance of trustee investment and fiduciary standards when investing or encumbering assets. The statutory validation in s 2 narrows the scope of certain challenges but does not eliminate the need to comply with other statutory or regulatory regimes.

The Act’s endnotes, as printed, record the following concise history:

Assent and commencement: The War Veterans' Homes Trust Act 1959 was assented to and commenced on 29 September 1959 (Endnotes, General Information).
Table of amendments: The printed endnotes state there are no amendments to the Act by subsequent Acts or subordinate instruments up to the version date (Version as at 3 March 2003) (Endnotes, Table of Amendments).
Explanatory details: The publication provides no additional explanatory details or subsequent legislative notes (Endnotes, Explanatory Details).

Accordingly, as of the version date given in the source (3 March 2003), the Act remained in its original form without later amendment. The schedules incorporate deeds originally executed in 1937 (First Schedule) and 1958 (Second Schedule), and section 2 validates the 1958 deed irrespective of differences from earlier deeds. Because the Act is largely validating in character, later legislative amendments could involve repeal, modification or revalidation, but none are recorded in the provided text.

Practitioners should note that the absence of recorded amendments in the printed endnotes is the source's statement; it does not substitute for contemporaneous searches of the consolidated statute database, land title records, or charity/tax registers, particularly given the time elapsed since the Act's enactment in 1959. The printed materials here explicitly record no amendments to the Act up to the stated version date.

The provided statute text and endnotes contain no reference to litigation, reported cases or judicial decisions interpreting the Act, the 1958 deed or the 1937 declaration. The document’s "Litigation history" heading is not present and the Endnotes do not record any cases.

Consequently, within the source you supplied there is no litigation history to report. The Act itself does not list cases, and neither schedules nor endnotes cite judicial authority that has construed the deeds. Any case law that might have arisen since enactment is therefore not included in the provided text.

For legal research purposes, this absence places on the practitioner the task of independently searching judicial databases, Land Titles Office records (for disputes about particular parcels listed in the schedules), and court archives for any actions brought by beneficiaries, creditors or regulatory authorities. Given the open‑ended indemnity, wide trustee discretions and the statutory validation provision (s 2), litigation issues that might arise in practice include contested trustee decisions, claims of wilful default, disputes over mortgage security and beneficiaries’ rights to occupancy. But the source contains no judgments or filings to cite.

The Act’s text and the deeds contain several specific features that are easy to overlook and that have practical implications for trustees, advisers, conveyancers, lenders and beneficiaries. These are factual, source‑grounded "watch points" rather than normative judgments.

Statutory validation (s 2) is broad and prophylactic: Section 2 deems the 1958 deed and the trusts therein valid "notwithstanding anything in any Act or law or in any instrument or trust" and notwithstanding differences from prior trusts or that trustees are not the same. That language cures many potential procedural and substantive defects, but it is not an automatic authorisation to disregard other applicable statutory obligations such as property registration, taxation, building approvals or bankruptcy consequences. Validation secures the deed's validity as a trust instrument but does not immunise the trustees from compliance obligations under other statutes that continue to operate.
Wide trustee discretions and limited judicial oversight in practice: The deeds give trustees "absolute discretion" in letting, re‑entry and selection of occupants (First Schedule, cl 5; Second Schedule, cl 6) and make trustees' decisions final in some contexts (First Schedule, cl 4; Second Schedule, cl 5). While courts can review discretionary decisions on fiduciary grounds, the deeds' language raises the bar for successful judicial intervention, particularly where trustees can show honest exercise of discretion.
Non‑inquiry clause protects third parties: Third parties transacting with trustees are not required to enquire into title or trustees’ authority and are protected from constructive notice (First Schedule, cl 15; Second Schedule, cl 18). Conveyancers and lenders may nonetheless need to satisfy statutory registration formalities (e.g., Transfer of Land Acts) before their interests are enforceable. The non‑inquiry clause reduces the utility of title‑based challenges against transactions but does not relieve obligations to ensure registrable instruments are correctly executed and lodged.
Indemnity clause and limited personal liability: Trustees are indemnified out of the Trust Fund and not personally liable except for wilful default (First Schedule, cl 14; Second Schedule, cl 17). This limits recovery sources to the Trust Fund in many circumstances. Advisers should therefore consider the practical recovery prospects when advising beneficiaries or creditors. The difference in wording between the First Schedule (which includes gross negligence as an exception) and the Second Schedule (which speaks to wilful default only) is relevant when analysing exposures for trustees appointed under each deed.
Appointment mechanics differ between Schedules: In the First Schedule, future Presidents of the League become ex officio trustees "provided he shall enter into a deed whereby he shall agree to be bound" (First Schedule, cl 12). The Second Schedule likewise includes ex officio trusteeship for future Presidents but does not state explicitly that the President must sign an acceptance deed (Second Schedule, cl 15). The Second Schedule does require new trustees to be approved by Council (Second Schedule, cl 12 and cl 16). Practitioners should check the exact deed wording when taking office or when recording trustee appointments.
Minimum trustee numbers and Council appointment power: The Second Schedule mandates not fewer than fifteen trustees and gives the League Council power to appoint five of them (Second Schedule, cl 3). This creates a governance balance between independent trustees and the League's influence. The combination of a large trustee body and Council appointment rights can affect decision‑making, quorum calculus and candidate selection dynamics.
Vesting in holding trustees or body corporate: The Second Schedule authorises vesting land and investments in three holding trustees or in a body corporate (Second Schedule, cl 9). That creates potential structuring advantages for asset management but triggers Transfer of Land registration, stamp duty and corporate governance implications. Practitioners should consider the formal transfer steps and consequent registration fees and taxes.
Priority scheme for beneficiaries: The deeds’ priority list (Great War veterans first) remains embedded in the trust documents. The trustees retain discretion to include dependants or to repurpose properties where veteran demand is insufficient (First Schedule, cl 4; Second Schedule, cl 5). That priority scheme may affect allocation decisions and could create tensions between categories of beneficiaries as demographics change.
Property specificity in schedules: The schedules list particular land parcels and Certificate of Title references (Second Schedule, First and Second Parts). Any encumbrances, covenants or easements already registered in those titles will remain relevant. Conveyancers and trust accountants must check Land Titles Office records for the current title state before any sale, mortgage or vesting action.
No express modern regulatory or reporting framework: The Act predates modern charity regulation and contains no references to tax concessions or reporting obligations. Trustees should therefore ensure compliance with current charity and tax regimes (e.g. ACNC registration and income tax/RDT obligations) even though the Act itself contains no such provisions.

These "gotchas" are concrete consequences or operational wrinkles that arise directly from the text of the deeds and s 2. They affect legal risk allocation, recovery prospects, governance, property transactions and interactions with other statutory regimes.

For trustees, the League and professional advisers tasked with operating the trust, the schedules provide a clear checklist of mandated processes and prudent best practice. Compliance in this context means satisfying the deed obligations embedded in the schedules, observing statutory property and financial rules, and maintaining records and corporate/charitable obligations that are now imposed by general law. Key compliance steps:

Confirm trustee appointments and formal acceptance

Ensure every trustee who is appointed, added or becomes ex officio has executed any required deed of acceptance, where the schedules require it (First Schedule, cl 12; First Schedule, cl 13(c); Second Schedule, cl 12 and cl 16). For trustees appointed by the Council, secure Council approval in writing as required (Second Schedule, cl 3; cl 12).

Governance and meetings

Convene ordinary meetings at least six times per year, giving seven days' written notice setting out business (First Schedule, cl 10(c); Second Schedule, cl 13(d)). Maintain a minute book for all meetings (First Schedule, cl 10(e); Second Schedule, cl 13(f)). Elect a Chair and Deputy annually and document offices and any acting appointments (Schs 1 & 2, cl 10/13). Observe quorum rules: First Schedule prescribes a quorum of three (First Schedule, cl 10(f)); in the Second Schedule the trustees may determine a quorum but absent that a majority constitutes a quorum (Second Schedule, cl 13(g)).

Financial administration and audit

Bank all Trust monies at the Bank of the Trust or an appropriate banking institution and ensure idle monies are invested in lawful trustee investments (First Schedule, cl 7; Second Schedule, cl 8). Appoint and instruct an Auditor to produce an annual audit, statement of receipts/expenditure and balance sheet and retain audit reports in the minute book (First Schedule, cl 11; Second Schedule, cl 14).

Records and property compliance

Keep accurate registers of lands and titles listed in the schedules and monitor for any encumbrances or caveats on the certificates of title listed in the Second Schedule (Second Schedule, First and Second Parts). For any sale, mortgage or vesting in holding trustees/body corporate, ensure compliance with Transfer of Land Act formalities and lodge instruments for registration as necessary (Second Schedule, cl 9; cl 11(d)). Obtain independent legal advice and prepare mortgage documents consistent with registered title practices.

Contracting, tendering and construction

When entering building contracts, purchasing materials or hiring architects/builders, follow open tendering or appropriate procurement rules set by the trustees and document approvals. Ensure contracts are signed by authorised signatories and that the method for signing cheques and contracts is documented (First Schedule, cl 9(a); Second Schedule, cl 11(a)).

Borrowing and security

Where trustees borrow or mortgage Trust property, obtain legal and financial advice to ensure mortgage instruments are valid and that the trustees have followed prescribed governance steps approving the borrowing. Remember the non‑inquiry clause protects third parties but lenders will still require proper execution and registration (First Schedule, cl 9(d); Second Schedule, cl 11(d)).

Dealing with beneficiaries and occupancy

Apply the beneficiary priority rules (Great War veterans first, etc.) consistently and document eligibility determinations in accordance with the deeds’ definitions of "Veteran" and "necessitous circumstances" (First Schedule, cl 3; Second Schedule, cl 4; Second Schedule, cl 1). If occupancy decisions include permitting non‑veterans because of insufficient demand, record the trustees' reasons and documentary approval in minutes to show an honest exercise of discretion (First Schedule, cl 4; Second Schedule, cl 5).

Delegation and local trustees

Where delegates or local trustees are appointed, execute the required Deed of Trust or written delegation and ensure the delegations are limited and revocable as required by the deeds (First Schedule, cl 16; Second Schedule, cl 19). Monitor delegated activities and retain oversight by way of regular reporting.

Fundraising and donations

Before public appeals, consult with the League as required (First Schedule, cl 9(e); Second Schedule, cl 11(e)) and keep records of donations and any special conditions attached. For donations with conditions, ensure administration complies with the stated purposes for veterans (First Schedule, cl 9(f); Second Schedule, cl 11(f)). Comply with current fundraising law and regulatory reporting where applicable.

Insurance, rates and regulatory obligations

Ensure properties are adequately insured, rates and taxes are paid, and that building works are authorised under local planning and building laws (Second Schedule, cl 10(h)). Confirm whether the trust qualifies as a charitable entity for tax purposes and, if so, maintain required records and registrations under contemporary charity and tax legislation (not specified in the Act).

Conflicts, fiduciary duties and liability

Trustees must act in good faith and in accordance with fiduciary duties. Although the deeds limit personal liability to cases of wilful default (First Schedule, cl 14; Second Schedule, cl 17), trustees should secure appropriate Directors and Officers or Trustees insurance, ensure robust conflict‑of‑interest policies and document all decisions to guard against allegations of wilful default or breach.

Legal due diligence before transactions

Solicitors and conveyancers should check current title searches for each parcel listed in the schedules before any sale or mortgage, prepare registered instruments where required and confirm that trustees have authority under the deed and the trust minutes to proceed with the transaction. The statutory validation (s 2) supports the deed’s validity but does not relieve parties of registration formalities.

Record retention and archive

Maintain the original deeds, executed trustee acceptance deeds, auditors’ reports, meeting minutes and financial records. Because the Act records specific titles and trusts, historical documentation may be important for future questions of beneficiary entitlement or title.

Compliance therefore combines strict adherence to the governance and record obligations in the schedules with due respect to modern statutory regimes (land registration, taxation, charity law and building approval). Trustees should adopt formal minute practices, procure independent legal advice for encumbrances or restructuring (e.g. vesting in holding trustees or bodies corporate), and ensure transparent decision‑making to reduce litigation and regulatory risk.

War Veterans' Homes Trust Act 1959

Plain English Summary

Deep Dive

What it does

Current sections

War Veterans' Homes Trust Act 1959

Source text: opening excerpt

1 War Veterans' Homes Trust Act 1959

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply