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
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:
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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
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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.
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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
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"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.
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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.
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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;
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(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
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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.
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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
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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.
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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
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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
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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
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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
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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;
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(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.
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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;
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(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;
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(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;
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(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
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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.
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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.
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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
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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
═══════════════
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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
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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.
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War Veterans' Homes Trust Act 1959
28
3. Explanatory Details
No entries at date of publication.
Endnotes