Western Australia Court Of Conscience Essay

2198 Words Sep 14th, 2016 9 Pages
Re Orderly [2016] WACC 48 (15 September 2016)
Western Australia Court of Conscience
Winker, Cheeky, Goodlooks and Hart JC’s
Trusts – charitable trusts – public benefit – charitable purpose - Charitable Trusts Act 1962 (WA)

[1] Hart JC: The laws of charity are entrenched in our legal system to permit gifts for public use. Well informed judgements have acknowledged:
If a testator by stating or indicating his view that a trust is beneficial to the public can establish that fact beyond question, trusts might be established in perpetuity for the promotion of all kinds of fantastic (though not unlawful) objects, of which the training of poodles to dance might be a mild example. [2] The question before the Western Australian Court of Conscience is whether Mr Lawrence Orderly’s (Mr Orderly) created a valid charitable trust.

[3] I disagree with the decision of the learned Cheeky, Goodlooks, and Winker JC (“the joint reasons”). The trust is a valid charitable trust for reasons presented below.

I How this case comes to Court:
[4] Many of the facts necessary to the determination of the present case are contained in the joint reasons. Therefore, I will only outline the particulars vital to my dissent.

[5] Mr Orderly, deceased, a retired police officer left a will bequeathing the residue of his estate to be divided on trust in three parts namely: Clause A, B, and C. The text of the trust is contained in the joint reasons. It purposed to discourage, document and campaign…
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