Australian Intervarsity Choral Societies Association

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Trust Deed

DEED OF TRUST

THIS DEED OF TRUST is made the 2nd day of August 1977 between MARGARET ANNETAMBLYN of 13 Second Avenue Sefton Park in the State of South Australia[,]Auxiliaries Organiser, for and on behalf of the AUSTRALIAN INTERVARSITY CHORAL SOCIETIES'ASSOCIATION by virtue of her position as President for the time being thereof and DAVID ALAN GOODWIN of 8 Hampden Road, Artarmon in the State of New South Wales, Orchestra Manager, for and on behalf of the Committee ofthe Twenty-Sixth Intervarsity Choral Festival (herein together called "the Settlors") of the first part and TIMOTHY ROBERT MASON of 13 Doney Street, Alfred Dovein the State of Western Australia, Solicitor, and the said DAVID ALANGOODWIN (herein together called "the Trustees") of the second part, and shall be known as "the AICSA TRUST FUND".

WHEREAS:

  1. The AUSTRALIAN INTERVARSITY CHORAL SOCIETIES' ASSOCIATION (hereinafter called "the Association") is constituted for the following purposes:
    1. to encourage and promote cooperation between choral and musical societies of Australian institutions of tertiary education through:
      1. the regular publication of a newsletter;
      2. the holding of an annual Intervarsity Choral Festival;
      3. the maintenance of a catalogue of the Choral Music in the possession of the Association and its constituent members; and
      4. meetings of the Australian Intervarsity Choral Council; and
    2. to generally encourage and further the performance of, and interest in choral music by Australian tertiary students, through an interchange of ideas and music, and through the discussion of mutual problems;
  2. By Clause 12.3 of the Constitution of the Association it is provided that in each and every year the Association shall make a grant of money on certain conditions for the purpose of supporting financially the said Intervarsity Choral Festival (hereinafter called "the Festival");
  3. In pursuance thereof a grant of money was made by the Association to the Committee of the Twenty-Sixth Intervarsity Choral Festival, which was held in Sydney in August of 1975;
  4. One of the conditions attaching to the said grant of money was that, in the event of there being a surplus of income over expenditure shown in the final statement of accounts of the Festival, such surplus should be divided equally between the Association and the said Committee of the Festival;
  5. The surplus of income over expenditure is revealed in the final statement of account of the Twenty-Sixth Intervarsity Choral Festival;
  6. The said Committee of the Twenty-Sixth Intervarsity Choral Festival and the Association have mutually AGREED AND RESOLVED to settle the sum of TEN DOLLARS ($10.00) upon the Trustees TO BE HELD upon the Trusts hereinafter declared.


NOW THIS DEED WITNESSETH and in consideration of the premises the Settlors HEREBY DIRECT and IT IS AGREED as follows:

  1. In this Deed the expression "the Trust Fund" shall mean and include:
    1. the said sum of TEN DOLLARS ($10.00),
    2. all moneys property (whether real or personal) and effects at any time or times hereafter bought or transferred by any person or persons and accepted by the Trustees by way of addition or accretion to the property hereby settled or otherwise acquired, obtained received and retained by the Trustees subject to the trusts of this Deed, and
    3. the investments moneys property properties or other assets from time to time representing the said sum and assets or any of them or any part of parts thereof or any accretion thereto or so much thereof as shall from time to time remain subject to the trusts hereof.
  2. The Trustees shall hold the Trust Fund upon trust to invest the same in their discretion in any of the investments herein authorised and generally may exercise in relation to any of such investments any of the powers and discretions conferred upon them by this Deed or by law and may from time to time at the like discretion vary or transpose any investments into others of any nature hereby authorised and all such investments shall be held in the trusts declared in this Deed with and subject to the powers and provisions herein contained.
  3. Subject as aforesaid the Trustees shall hold the Trust Fund and all income thereof upon the trusts and subject to the powers and provisions following, namely:
    1. To apply so much of the income thereof as may seem to the Trustees in their absolute discretion necessary or beneficial, for the purpose of making a grant orgrants of money on such conditions as the Trustees may in their absolute discretion see fit (hereinafter called "the amount available") to be paid to the ExecutiveCommittee for the time being of the Association for the sole purpose of providing a financial contribution towards the Festival in each year in which the same is held;
    2. In the event of the Association being dissolved, to apply the amount available for the purpose of providing a financial contribution towards the Festival in each year in which the same is held in whatever manner may seem to the Trustees in their absolute discretion to be most desirable; and,
    3. If the Trustees shall consider that the Festival has ceased to be held or that, in their opinion, the Festival no longer fulfils the objects of encouraging and promoting cooperation between the choral and musical societies of Australian institutions of tertiary education, then to apply the amount available towards such other of the said objects of the Association as are charitable purposes as defined by the Charitable Trusts Act (W.A.) 1962 or, in the event of the Association having been dissolved, towards such other objects as seem to the Trustees in their absolute discretion to be deserving of consideration, PROVIDED THAT such objects shall be charitable as aforesaid.
  4. The Perpetuity Period applicable to the dispositions contained in this deed shall be the period of eighty (80) years commencing on the date hereof, and on the last day thereof the Trustees shall hold the Trust Fund for such one or more institutions, bodies, organisations, objects or purposes asare charitable as aforesaid in such shares and proportions and upon such trusts and conditions as the Trustees think fit.
  5. The statutory power of appointment of a new Trustee or new Trustees of these present is vested in the Council of the Association or, in the event of the Association being dissolved, in the surviving Trustee of these presents and shall be such person or persons as that body or Trustee shall by Deed or Will appoint and in the exercise of any suchpower the body or person in whom such power shall rest may appoint any person or persons to be a Trustee or Trustees hereof.
  6. The Trustees may take and act upon the opinion of any Queen's or King's Council practicing in the Supreme Court in the State of Western Australia (obtained at the expense of the Trust Fund) whether in relation to the interpretation of this Deed or any other document or statute or as to the administration of the Trusts hereof without being liable to anyone in respect of any act doneby it in accordance with any such opinion PROVIDED THAT the Trustees shall not be obliged to act inaccordance with any such opinion and shall not be prohibited from applying to the said court as it thinks fit.
  7. The Trustees may invest the Trust Fund or any part thereof in any investment authorised by the trustees Act (W.A. ) 1962 and without limitation IT IS EXPRESSLY DECLARED that they may invest as authorised by sub-sections (l) (2) and (3) of Section 16 of the said Act and in so doing the provisions of sub-section (4) to (8) inclusive of that Section shall not apply, PROVIDED THAT the power of investment in stocks and shares on the Stock Exchange contained in Section 16 (1) (k) of the said Act shall not be exercised by the Trustees.
  8. In addition to the powers stated in the previous clause the Trustees may invest in the purchase of estates in fee simple in real estate situate within the Commonwealth of Australia or any undivided share in any such States, or to borrow, raise or concur in raising from any person including a Trustee or Trustees hereof with or without security any money which the Trustees think fit for any purpose by mortgaging or charging all or any part of the Trust Fund.
  9. If at any time any association is incorporated pursuant to the Associations Incorporation Act (W.A.) 1895 as amended or the equivalent legislation of any State or of the Commonwealth or if any company limited by Guarantee is incorporated pursuant to the Companies Act (W.A.) 1961 as amended or the equivalent legislation of any State or of the Commonwealth and PROVIDED THAT in either case the objects of such association or company are substantially the same as those of the Association as at the date hereof, then the Trustee shall be at liberty, in their absolute discretion, to transfer or raise and pay or appropriate the whole or any part pr parts of the Trust Fund to that association or company for its absolute use and benefit discharged from all the trusts of this Deed and this power shall be in addition to the other powers and discretions of the Trustees hereunder and shall not in any way limit or affect any other powers or discretions herein contained.
  10. While purporting to act in the execution of the trusts and powers hereof no Trustee shall be liable for any loss not attributable to his or her own wilful neglect or dishonesty or to the wilful commission by him or her of any act known by him or her to be a breach of trust and in particular he or she shall not be bound to take any proceedings against a co-trustee for any breach or alleged breach of trust committed by such co-trustee.
  11. Any Trustee being a Solicitor Accountant or other person engaged in any profession or business may be employed to act and shall be entitled to charge and be paid all professional and other charges for any business or act done by him or his firm in connection with the trusts hereof including acts which a Trustee could have done personally and any Trustee being a Solicitor Accountant or other person engaged in any profession or business may be so employed or act and shall be entitled to charge and be paid all professional and other charges for any business or act done by him or his firm in connection with the trusts hereof including acts which a Trustee could have done personally.
  12. The Trusts referred to herein shall take effect and commence on and as form the date hereof.
  13. This Deed and the trusts thereof shall be governed by the laws ofthe State of Western Australia.
  14. Every reference in this Deed to "the Trustees" shall where the context permits include the Trustees or trustee for the time being hereof.

IN WITNESS whereof the parties hereto have executed this Deed the day and year first herein before written.

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